Award to Lowest Bidder Based on Revised Government Estimate Was Proper Exercise of Agency's Discretion

B-192644: Jan 29, 1979

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A protest over the award of a contract for the clearing and disposal of timber for construction of a dam was denied for two reasons. The protester contended that in the bid specifications there were many inadequacies which were brought to the attention of the contracting officer prior to bid opening. The protester further contended that the Government improperly and erroneously awarded the contract to a bidder whose bid exceeded the Government estimate, and that the Government revised its estimate after bid opening and prior to award. GAO maintained that it was reasonable for the Government agency to revise the Government estimate because subsequent events indicated that the original Government estimate may have been inaccurate. GAO acknowledged that the alleged improprieties in the specification were brought to the attention of the contracting officer prior to bid opening, but the protest was not filed with GAO within 10 working days after bid opening. Therefore, the protest was denied.