B-176378(2), OCT 20, 1972

B-176378(2): Oct 20, 1972

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DOES NOT BELIEVE THAT ORAL ASSURANCES FROM A BIDDER WILL MEET THIS CRITERIA. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR FORTEC CONSTRUCTORS DENYING THE PROTEST AGAINST THE AWARD OF A CONTRACT TO THE J. THIS PROTEST WAS THE SUBJECT OF A REPORT DATED AUGUST 7. WE NOTE THAT ONLY VERBAL VERIFICATION OF THE WILLIAMS BID WAS OBTAINED. " AND WE DO NOT BELIEVE THAT THIS CRITERIA IS MET BY A MERE ORAL ASSURANCE FROM A BIDDER.

B-176378(2), OCT 20, 1972

BID PROTEST - MISTAKE IN BID - CONFLICTING PRICES CONCERNING THE DENIAL OF A PROTEST BY FORTEC CONSTRUCTORS AGAINST THE AWARD OF A CONTRACT TO J. WILLIAMS CONSTRUCTION, INC., UNDER AN IFB ISSUED BY THE FEDERAL AVIATION ADMINISTRATION. WHILE FPR 1-2.406-3(2) ALLOWS FOR THE CORRECTION OF BIDS BASED ON "CLEAR AND CONVINCING EVIDENCE," THE COMP. GEN. DOES NOT BELIEVE THAT ORAL ASSURANCES FROM A BIDDER WILL MEET THIS CRITERIA.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR FORTEC CONSTRUCTORS DENYING THE PROTEST AGAINST THE AWARD OF A CONTRACT TO THE J. WILLIAMS CONSTRUCTION, INC., UNDER INVITATION FOR BIDS S051-2 143. THIS PROTEST WAS THE SUBJECT OF A REPORT DATED AUGUST 7, 1972, FROM THE GENERAL COUNSEL, FEDERAL AVIATION ADMINISTRATION.

WE NOTE THAT ONLY VERBAL VERIFICATION OF THE WILLIAMS BID WAS OBTAINED. FEDERAL PROCUREMENT REGULATION 1-2.406-3(2) ALLOWS FOR THE CORRECTION OF BIDS BASED ON "CLEAR AND CONVINCING EVIDENCE," AND WE DO NOT BELIEVE THAT THIS CRITERIA IS MET BY A MERE ORAL ASSURANCE FROM A BIDDER. WE SUGGEST THAT THERE BE A STRICTER ADHERENCE TO APPLICABLE PROCUREMENT REGULATIONS IN THE FUTURE.

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