B-176390, AUG 3, 1972

B-176390: Aug 3, 1972

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WHERE THERE IS CLEAR AND CONVINCING EVIDENCE ESTABLISHING THE EXISTENCE OF AN ERROR IN BID AND THE BID ACTUALLY INTENDED. CORRECTION OF THE BID IS AUTHORIZED. THE AMELCO BID WAS CORRECTED IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE. INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 26. WHERE THERE IS CLEAR AND CONVINCING EVIDENCE ESTABLISHING THE EXISTENCE OF AN ERROR IN BID AND THE BID ACTUALLY INTENDED. CORRECTION OF THE BID IS AUTHORIZED. THE AMELCO BID WAS CORRECTED IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE. THE PROTEST IS DENIED.

B-176390, AUG 3, 1972

BID PROTEST - CORRECTION OF BID - PROCEDURE DENIAL OF PROTEST BY HOLERT-GUAM INTERNATIONAL, INC., AGAINST THE AWARD OF A CONTRACT TO AMELCO, INC., BY THE DEPARTMENT OF THE AIR FORCE. ASPR 2-406.3(A)(3) PROVIDES THAT, WHERE THERE IS CLEAR AND CONVINCING EVIDENCE ESTABLISHING THE EXISTENCE OF AN ERROR IN BID AND THE BID ACTUALLY INTENDED, CORRECTION OF THE BID IS AUTHORIZED. THE AMELCO BID WAS CORRECTED IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE.

TO HOLERT-GUAM INTERNATIONAL, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1972, PROTESTING AN AWARD TO AMELCO, INC., UNDER DEPARTMENT OF THE AIR FORCE INVITATION FOR BIDS NO. F64133-72-B-0140, AT A HIGHER PRICE THAN IT ORIGINALLY BID.

ARMED SERVICES PROCUREMENT REGULATION (ASPR) 2-406.3(A)(3) PROVIDES THAT, WHERE THERE IS CLEAR AND CONVINCING EVIDENCE ESTABLISHING THE EXISTENCE OF AN ERROR IN BID AND THE BID ACTUALLY INTENDED, CORRECTION OF THE BID IS AUTHORIZED. SUCH PROCEDURE HAS BEEN SANCTIONED BY OUR OFFICE AND THE COURT OF CLAIMS. 41 COMP. GEN. 160 (1961); B-172578, JULY 22, 1971; B- 175717; JUNE 26, 1972; AND CHRIS BERG, INC. V. UNITED STATES, 192 CT. CL. 176 (1970). THE AMELCO BID WAS CORRECTED IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE.

ACCORDINGLY, THE PROTEST IS DENIED.