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Permission To Correct Erroneous Bid

B-194566 Aug 16, 1979
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Highlights

Blosam Contractors, Inc. protested the decision by the U.S. Army Corps of Engineers to permit the correction before award of an erroneous bid submitted by W & J Construction Corporation, and also protested the fact that the Army did not permit a correction by Blosam, after award, of its allegedly erroneous bid under the same invitation for bids involving the alteration of enlisted quarters at Patrick Air Force Base. W & J was permitted to correct its bid because the firm had omitted a subcontractor's quote for cabinets and counters. Blosam received notice of the decision by the Army to permit correction of the W & J bid on the day that Blosam's protest of the award was denied. When notified that W & J had been permitted to correct its bid mistake, Blosam requested permission to correct a similar bid mistake and thus become the low bidder. A copy of this letter was sent to GAO, but the letter was addressed to the Army, and not to GAO. By the time a letter from Blosam was received by GAO, more than 10 working days had elapsed since Blosam's receipt of initial adverse agency action. Therefore, the protest was untimely. In addition, GAO held that Blosam was wrong in contending that it should be afforded the same opportunity as W & J to correct its mistake in bid. W & J's allegation of mistake was made after bid opening, but before award, and the requested correction did not result in the displacement of any other bidders. On the other hand, Blosam's asserted error in bid was not alleged until after award was made to W & J. A firm may not correct an unsuccessful bid after award in order to displace the awardee. The protest was dismissed in part and denied in part.

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