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[Protest of Corps of Engineers' Refusal To Allow Bid Correction]

B-210022 Published: Mar 31, 1983. Publicly Released: Mar 31, 1983.
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Highlights

A firm protested an Army Corps of Engineers decision to permit withdrawal but not correction of its bid under an invitation for bids for the renovation of a commissary building. Because of the disparity between the Government estimate and the bid prices, a contracting officer requested verification of the protester's bid. The protester acknowledged an error in its bid and submitted documentation to explain how the error occurred. Defense Acquisition Regulations provide that a bid may be corrected providing that both as corrected and uncorrected it is low and that the evidence is clear and convincing as to the extent of the mistake and as to the bid actually intended. Because the Army could not conclude from the evidence presented what the intended bid was, the protester was not allowed to correct its bid. Further, the Army noted that correction of the protester's bid would bring it so close to the next low bid as to adversely affect the integrity of the competitive bidding system. The protester argued that the evidence plainly showed a mistake and that correction should have been permitted. GAO will not disturb an agency's determination concerning bid correction unless there is no reasonable basis for such a determination. In this case, GAO found a reasonable basis for the Army's decision, because the amount of the alleged error was substantial, and GAO did not think that the protester met the standard of proof required for bid correction. Accordingly, the protest was denied.

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Army procurementBid errorsBid modificationsBid rejection protestsConstruction contractsContract costsU.S. ArmyBid evaluation protestsConstructionConstruction companiesArmy corps of engineersBidsCompetitive biddingDefense AcquisitionSolicitationsProtests