Protest Alleging Mistake in Bid

B-205085: Aug 21, 1981

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A firm protested the award of a contract to it by the Army for dining facility attendant services. The protester alleged that the award was improperly made because the contracting officer was on notice of a mistake in its bid. The contract disputes clause, contained in the protester's contract with the Army, reflected the provisions of the Contract Disputes Act of 1978 which require that all claims relating to a contract be filed with the contracting officer for a decision. Although the protester styled its complaint as a protest, it was actually a mistake-in-bid claim. While GAO has traditionally considered mistake-in-bid claims, GAO recently held that mistake claims alleged after award are ones relating to a contract which should be processed in accordance with the provisions of the Act. The protester alleged that it had informed the contracting officer at a preaward meeting that a mistake had been discovered in its bid. However, the Army stated that the mistake was alleged after the contract had been awarded. GAO held that the matter was appropriate for resolution in accordance with the disputes procedure of the contract since: (1) it was not clear that a preaward allegation of a mistake was made, and (2) factual disputes such as this can best be resolved through the appeal procedure of the Act. Accordingly, the mistake-in-bid claim was dismissed.

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

Mar 12, 2018

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