B-247137, Feb 12, 1992
Highlights
DIGEST: The General Accounting Office will not consider a mistake in bid claim alleged after award. Since it is a matter of contract administration. Alleging the error was caused by a discrepancy in bid documents. As they are within the discretion of the contracting agency and for review by a cognizant board of contract appeals or the U.S. A mistake in bid claim alleged after award by the contractor receiving the award is a matter of contract administration because it is a claim "relating to a contract" within the meaning of the Contract Disputes Act of 1978. Since Milan first alleged its claim for mistake after it was awarded the contract. The protest is dismissed.
B-247137, Feb 12, 1992
DIGEST: The General Accounting Office will not consider a mistake in bid claim alleged after award, since it is a matter of contract administration.
Attorneys
Milan Excavating Inc:
Milan Excavating Inc. protests the award under invitation for bids (IFB) No. 02-003 issued by the Forest Service, United States Department of Agriculture, for the sale of timber from the White Mountain National Forest, Androscoggin Ranger District, Gorham, New Hampshire. Milan alleges a mistake in its bid. Milan submitted the highest bid and the Forest Service awarded to contract to Milan on December 17, 1991. December 18, Milan informed the Forest Service of an error in its bid amount, alleging the error was caused by a discrepancy in bid documents.
Our Office considers bid protest challenges to the award or proposed award of contracts. 31 U.S.C. Sec. 3552 (1988). Therefore, we generally do not exercise jurisdiction to review matters of contract administration, as they are within the discretion of the contracting agency and for review by a cognizant board of contract appeals or the U.S. Claims Court. See 4 C.F.R. Sec. 21.3(m)(1) (1991); Specialty Plastics Prods., Inc., B-237545, Feb. 26, 1990, 90-1 CPD Para. 228. A mistake in bid claim alleged after award by the contractor receiving the award is a matter of contract administration because it is a claim "relating to a contract" within the meaning of the Contract Disputes Act of 1978, 41 U.S.C. Secs. 601-613 (1988), not for review by our Office. Alliance Properties Inc., 64 Comp.Gen. 330 (1985), 85-1 CPD Para. 286. Since Milan first alleged its claim for mistake after it was awarded the contract, it must pursue its claim pursuant to the requirements of the Contract Disputes Act of 1978.
The protest is dismissed.