B-219677, AUG 29, 1985, 64 COMP.GEN. 809
Highlights
THE CRITICAL ELEMENT IS THAT THE INTENDED BID PRICE BE ASCERTAINABLE FROM THE BID ITSELF. BECAUSE IT IS CLEAR ON THE FACE OF THE PROTEST THAT IT IS WITHOUT MERIT. IT REALIZED THAT THIS WAS AN ERROR AND THAT IT HAD INTENDED TO BID $4.10 PER 100 MICROFICHE. GPO DISALLOWED CORRECTION ON THE BASIS THAT IT WOULD DISPLACE THE LOW BIDDER AND THAT EXISTENCE OF THE MISTAKE AND THE BID ACTUALLY INTENDED WERE NOT SUBSTANTIALLY ASCERTAINABLE FROM THE INVITATION AND MMM'S BID. THE CRITICAL ELEMENT IS THAT THE INTENDED BID PRICE BE ASCERTAINABLE FROM THE BID ITSELF. 008.71 AND IT CANNOT BE ASCERTAINED FROM THAT INFORMATION THAT THE BID SHOULD HAVE BEEN $4.10.
B-219677, AUG 29, 1985, 64 COMP.GEN. 809
BIDS - MISTAKES - CORRECTION - INTENDED BID PRICE - ESTABLISHMENT REQUIRED IN DECIDING CASES INVOLVING BID CORRECTION WHICH DISPLACE THE LOW BIDDER, THE CRITICAL ELEMENT IS THAT THE INTENDED BID PRICE BE ASCERTAINABLE FROM THE BID ITSELF.
MATTER OF: MODERN MICROFILM METHODS, INC., AUGUST 29, 1985:
MODERN MICROFILM METHODS, INC. (MMM), PROTESTS THE AWARD OF A CONTRACT BY THE GOVERNMENT PRINTING OFFICE (GPO) TO ANY OTHER BIDDER UNDER SOLICITATION NO. 243-S. MMM ASSERTS THAT GPO IMPROPERLY DECLINED TO PERMIT IT TO CORRECT AN OBVIOUS MISTAKE IN ITS BID.
WE DISMISS THE PROTEST PURSUANT TO SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F) (1985), BECAUSE IT IS CLEAR ON THE FACE OF THE PROTEST THAT IT IS WITHOUT MERIT.
MMM ORIGINALLY SUBMITTED A BID WHICH INCLUDED A PRICE OF $3,008.71 PER 100 MICROFICHE FOR ITEM 1(C). IMMEDIATELY AFTER BID OPENING, IT REALIZED THAT THIS WAS AN ERROR AND THAT IT HAD INTENDED TO BID $4.10 PER 100 MICROFICHE. MMM REQUESTED GPO TO ALLOW IT TO CORRECT THE MISTAKE IN BID. IN SUPPORT OF THE MISTAKE, MMM SUBMITTED ITS ORIGINAL WORKSHEET AND AN AFFIDAVIT EXPLAINING ITS ERROR. GPO DISALLOWED CORRECTION ON THE BASIS THAT IT WOULD DISPLACE THE LOW BIDDER AND THAT EXISTENCE OF THE MISTAKE AND THE BID ACTUALLY INTENDED WERE NOT SUBSTANTIALLY ASCERTAINABLE FROM THE INVITATION AND MMM'S BID.
MMM THEN FILED THIS PROTEST WITH OUR OFFICE. MMM CONTENDS THAT ONCE IT ESTABLISHES THE INTENDED BID OF $4.10 FROM ITS WORKSHEET, THAT BY EXPERIMENTATION WITH THE INFORMATION IN THE BID, THE AGENCY COULD ARRIVE AT THAT AMOUNT. HOWEVER, IN DECIDING CASES INVOLVING BID CORRECTIONS WHICH WOULD DISPLACE THE LOW BIDDER, THE CRITICAL ELEMENT IS THAT THE INTENDED BID PRICE BE ASCERTAINABLE FROM THE BID ITSELF. SEE MARINE WAYS CORP., B-211788, AUG. 29, 1983, 83-2 CPD PARA. 271. IN THIS CASE, THE BID ONLY SHOWS AN AMOUNT OF $3,008.71 AND IT CANNOT BE ASCERTAINED FROM THAT INFORMATION THAT THE BID SHOULD HAVE BEEN $4.10.