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Bidder May Withdraw Bid

B-193470 Jan 15, 1979
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Highlights

The incumbant contractor protested the award of a contract for janitorial services by the Navy to another bidder on the basis that the Navy refused to permit the correction of an error in bid. Correction of an error in bid asserted prior to award, where another bidder will not be displaced as a result of the correction, the bidder must show by clear and convincing evidence that an error has been made, the manner in which the error occurred, and the intended bid price. Due to the disparity between the protester's bid and the Navy's estimate, the protester was requested to review and confirm its bid. The protester asserted an error in its bid and requested that its bid be corrected. There was sufficient evidence submitted to indicate that an error was made, but the evidence was not clear and convincing as to the bid actually intended. The Navy permitted the protester to withdraw but not to correct its bid. In this respect, the authority to correct mistakes alleged after bid opening but before award has been delegated to the procuring agency. The Navy's determination that the evidence presented was not clear and convincing as to the bid actually intended was reasonable. Therefore, the protest was denied.

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