B-136508, JUNE 25, 1958, 37 COMP. GEN. 851

B-136508: Jun 25, 1958

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A BIDDER WHO ALLEGES AN ERROR BUT DOES NOT SEEK CORRECTIVE ACTION BECAUSE OF DISPLACEMENT AS THE LOW BIDDER MAY NOT HAVE HIS BID CONSIDERED FOR AWARD. 1958: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 19. WHICH ARE SWORN TO BE TRUE COPIES OF THE ORIGINAL WORKSHEETS. IT WOULD HAVE BEEN OTHER THAN LOW BIDDER.

B-136508, JUNE 25, 1958, 37 COMP. GEN. 851

BIDS - MISTAKES - CORRECTION - LOW BID DISPLACEMENT - WAIVER OF CLAIM TO PERMIT A LOW BIDDER TO FOREGO PART OF ITS CLAIM OF ERROR IN ORDER TO REMAIN THE LOW BIDDER WOULD BE GIVING THE BIDDER A CHANGE TO SECOND GUESS HIS COMPETITORS AFTER BID OPENING, AND, THEREFORE, A BIDDER WHO ALLEGES AN ERROR BUT DOES NOT SEEK CORRECTIVE ACTION BECAUSE OF DISPLACEMENT AS THE LOW BIDDER MAY NOT HAVE HIS BID CONSIDERED FOR AWARD.

TO W. E. CORBIN, DEPARTMENT OF THE INTERIOR, JUNE 25, 1958:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 19, 1958, WITH ENCLOSURES, REQUESTING, AS HEAD OF A PROCURING ACTIVITY, A DECISION WHETHER THE BID OF WELBILT CONSTRUCTION, INC., NEWTON, MASSACHUSETTS, SUBMITTED IN RESPONSE TO INVITATION NO. CF5-20 MAY BE CORRECTED BECAUSE OF AN ERROR ALLEGED PRIOR TO AWARD.

THE BIDDER ALLEGES THAT IN TOTALING ITS WORKSHEETS IN THE HASTE OF PREPARING ITS BID JUST PRIOR TO BID OPENING IT MADE AN ERROR IN ADDITION IN THE AMOUNT OF $10,000. WITH ITS STATEMENT EXPLAINING HOW THE ERROR OCCURRED, THE BIDDER FURNISHED PHOTOSTATIC COPIES OF ITS WORKSHEETS, WHICH ARE SWORN TO BE TRUE COPIES OF THE ORIGINAL WORKSHEETS. THESE SHOW THAT THE BIDDER MADE AN ERROR IN ADDITION AS ALLEGED. HOWEVER, THE BIDDER HAS ADMITTED ALSO THAT IN ANALYZING ITS BID AFTER BID OPENING IT DISCOVERED OTHER ERRORS AGGREGATING $5,800 IN THAT IT NEGLECTED TO PROVIDE PRICES FOR SEVERAL ITEMS. ALTHOUGH THE BIDDER DOES NOT SEEK CORRECTION FOR THE LATTER ITEMS, ON THE BASIS OF THE BIDDER'S OWN STATEMENT, IF ITS BID HAD BEEN AS INTENDED, I.E., INCLUDED THE AMOUNTS OF $10,000 AND $5,800, IT WOULD HAVE BEEN OTHER THAN LOW BIDDER. CLEARLY A BIDDER MAY NOT BE PERMITTED TO REMAIN LOW BIDDER BY FOREGOING PART OF ITS CLAIM OF ERROR. IN 34 COMP. GEN. 82, 84, WE SAID," CONDITIONS OR RESERVATIONS WHICH GIVE A BIDDER A CHANGE TO SECOND-GUESS HIS COMPETITORS AFTER BID-OPENING MUST BE REGARDED AS FATAL TO THE BID.'

ACCORDINGLY, THE SUBJECT BID MAY NOT BE CORRECTED BUT SHOULD BE DISREGARDED IN MAKING AN AWARD.