Allegation That Awardee's Bid Did Not Contain Required Affirmative Action Commitment
Highlights
A company protested award of a contract by the General Services Administration (GSA), contending that the low bid did not contain a required affirmative action commitment, and that it was improper for GSA to have allowed the awardee to adjust its bid price upward after bid opening because of an alleged bid mistake. Protester's argument that a void bid appendix for affirmative action, which was enclosed erroneously in the invitation for bids, must be given force and effect was rejected. Because of the wording of the bidding documents, the fact that the awardee signed its bid was sufficient evidence of commitment to affirmative action. The inclusion, after bid opening, of reasonably estimated costs which had been omitted by clerical error was viewed as inconsequential because the dollar difference separating the low bid, as corrected, and the next low bid left the awardee still the low bidder by a significant margin. The protest was denied.