B-192752, SEP 27, 1978

B-192752: Sep 27, 1978

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DIGEST: SUBCONTRACTOR'S CLAIM OF MISTAKE IN BID SUBMITTED TO PRIME CONTRACTOR UNDER PROCUREMENT FUNDED BY FEDERAL GRANT WILL NOT BE CONSIDERED WHERE PRIME CONTRACTOR HAS NOT REQUESTED GAO TO REVIEW CLAIM. AWARD WAS MADE TO OLSON. WE DO NOT HAVE BEFORE US A REQUEST BY THE GRANTEE'S PRIME CONTRACTOR TO REVIEW ITS MISTAKE IN BID CLAIM. WHAT WE DO HAVE IS A COMPLAINT BY A SUBCONTRACTOR CONCERNING A MISTAKE IN THE SUBCONTRACT BID FURNISHED THE PRIME. WHILE OUR OFFICE WILL REVIEW THE PROPRIETY OF CONTRACT AWARDS MADE BY GRANTEES IN FURTHERANCE OF GRANT PURPOSES. THAT THE EXCEPTIONS TO OUR GENERAL POLICY WHICH ARE OUTLINED IN THE CITED CASES ARE APPLICABLE HERE.

B-192752, SEP 27, 1978

DIGEST: SUBCONTRACTOR'S CLAIM OF MISTAKE IN BID SUBMITTED TO PRIME CONTRACTOR UNDER PROCUREMENT FUNDED BY FEDERAL GRANT WILL NOT BE CONSIDERED WHERE PRIME CONTRACTOR HAS NOT REQUESTED GAO TO REVIEW CLAIM, BUT HAS INSTEAD ACCEPTED AWARD OF CONTRACT AT ORIGINAL BID PRICE.

CONTRA COSTA ELECTRIC INC.:

CONTRA COSTA ELECTRIC INC. (CONTRA COSTA), THE ELECTRICAL SUBCONTRACTOR OF CARL W. OLSON & SONS CO., REQUESTS CORRECTION OF A MISTAKE IN ITS SUBCONTRACTOR BID IN CONNECTION WITH A CONTRACT AWARDED BY THE CITY OF BENICIA, CALIFORNIA, PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY'S (EPA) GRANT NO. C-06-0988-110 FOR THE CONSTRUCTION OF A WASTEWATER TREATMENT FACILITY.

UPON DISCOVERY OF A MISTAKE IN ITS BID, CONTRA COSTA ADVISED THE PRIME CONTRACTOR, OLSON, WHO THEN INFORMED THE CITY OF BENICIA (GRANTEE) OF ITS SUBCONTRACTOR'S MISTAKE. AWARD WAS MADE TO OLSON, HOWEVER, WITHOUT ALLOWING CORRECTION OF THE MISTAKE.

WE DO NOT HAVE BEFORE US A REQUEST BY THE GRANTEE'S PRIME CONTRACTOR TO REVIEW ITS MISTAKE IN BID CLAIM. RATHER, THE PRIME APPARENTLY HAS ACCEPTED THE AWARD AT THE QUOTED BID PRICE WITHOUT COMPLAINT. WHAT WE DO HAVE IS A COMPLAINT BY A SUBCONTRACTOR CONCERNING A MISTAKE IN THE SUBCONTRACT BID FURNISHED THE PRIME. WHILE OUR OFFICE WILL REVIEW THE PROPRIETY OF CONTRACT AWARDS MADE BY GRANTEES IN FURTHERANCE OF GRANT PURPOSES, WE GENERALLY DO NOT REVIEW MATTERS INVOLVING THE AWARD OF SUBCONTRACTS BY A PRIME CONTRACTOR TO A FEDERAL GRANTEE. SEE, E.G., FISCHER & PORTER COMPANY, B-189854, FEBRUARY 15, 1978, 78-1 CPD 128; HYDROCLEAR CORPORATION, B-189486, FEBRUARY 7, 1978, 78-1 CPD 103; BALLY CASE & COOLER, INC., B-190808, JANUARY 16, 1978, 78-1 CPD 34.

IT DOES NOT APPEAR, FROM THE COMPLAINANT'S SUBMISSION, THAT THE EXCEPTIONS TO OUR GENERAL POLICY WHICH ARE OUTLINED IN THE CITED CASES ARE APPLICABLE HERE. ACCORDINGLY, WE MUST DECLINE TO CONSIDER CONTRA COSTA'S REQUEST.

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