B-134999, APR. 23, 1958

B-134999, APR. 23, 1958

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

IN REFERENCE TO LETTER DATED APRIL 4, 1958, FROM THE COMMISSIONER, PUBLIC BUILDINGS SERVICE, REFERENCE PCCL WASHINGTON, D.C.P.O. GS-R3-B 6015, RELATIVE TO THE PROTEST OF THE ATTORNEY FOR THE CONSTRUCTION FIRM OF GRUNLEY, WALSH AND BLANCHE, INC., AGAINST THE AWARD OF CONTRACT NO. GS-RE- 3-B-6015, DATED JANUARY 23, 1958, TO THE CORNING CONSTRUCTION CORPORATION, THERE ARE ENCLOSED, FOR YOUR INFORMATION, TWO COPIES OF OUR DECISION OF TODAY DENYING THE PROTEST.

IN ADDITION TO THE AUTHORITIES CITED IN OUR DECISION, YOUR ESPECIAL ATTENTION IS INVITED TO A SIMILAR SITUATION CONSIDERED IN B-135272, MARCH 5, 1958, 37 COMP. GEN. - , WHEREIN WE DIRECTED CANCELLATION OF THE LOW BID ON THE FOLLOWING GROUNDS:

"HOWEVER THE BIDDER NOW WOULD WAIVE THE RIGHT WHICH IT OTHERWISE HAS TO HAVE ITS BID REJECTED ON THE GROUND OF MISTAKE AND WOULD HAVE IT CONSIDERED AS A VALID BID. WERE THE GOVERNMENT TO ACQUIESCE, IT WOULD BE TANTAMOUNT TO ALLOWING THE OSTENSIBLE LOW BIDDER TO ELECT, AFTER BID OPENING, WHETHER TO STAND ON THE BID, OR WITHDRAW IT, ON THE GROUND OF MISTAKE, DEPENDING UPON WHICH COURSE OF ACTION APPEARED TO BE IN ITS BEST INTEREST. OBVIOUSLY, THIS WOULD NOT BE FAIR TO THE OTHER BIDDERS, WHOSE BIDS HAD BEEN DISCLOSED, AND IT WOULD BE DETRIMENTAL TO THE PURPOSES SOUGHT TO BE ACCOMPLISHED BY THE STATUTES RELATING TO COMPETITIVE BIDDING.'

IN THE LIGHT OF THE ABOVE AND OUR OTHER DECISIONS ON THIS SUBJECT, IT IS EXTREMELY DOUBTFUL WHETHER WE WOULD HAVE APPROVED THE AWARD AS MADE TO THE CORNING CONSTRUCTION CORPORATION IN THIS INSTANCE, HAD THE MATTER PREVIOUSLY BEEN SUBMITTED HERE FOR DETERMINATION. SEE, ALSO, B 124066, JUNE 7, 1955.