[Protest of Navy Bid Rejection After Waiver of Error Claim]
Highlights
A firm protested the Navy's rejection of its bid under a request for proposals for the replacement of critical air handlers at a Navy facility. The Navy had questioned the accuracy of the protester's low bid and discovered that a calculation error led to an incorrect bid price. The Navy rejected the bid because the protester did not provide sufficient evidence to allow bid correction. The protester argued that, since it was willing to waive the error and perform the contract at the original low bid price, the bid should not have been rejected. GAO has permitted bid errors to be waived if it is reasonably clear that the intended bid would have been lowest even though it could not be proven for the purposes of bid correction. GAO held that, since the protester provided reasonable evidence to confirm the intended price, the error should have been waived. Accordingly, the protest was sustained. However, since the awardee had ordered the contract materials, terminating the current contract would not be in the best interests of the Government. Therefore, corrective action was not recommended.