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B-194471 1 (1979-08-02)

handle is hein.gao/gaobadhli0001 and id is 1 raw text is: 7 THI COMPTROLLER GENERAL DECISION . . * OF THE UNITED STATES : WASHINGTON. D.C. 20548 FILE: B-194471 DATE: August 2, 1979 MATTER OF: Lakeside Corporation; McGrew Brothers Saw Mills, Inc. DIGEST: Where eventual high aggregate bidder decreased price on one timber species (but not below written price bid) dur- ing oral auction contrary to provision in Forest Service Manual, since this did not prejudice other bidders and rejection of all bids and resolicita- tion would not benefit competition, award, if otherwise proper, should be made to high bidder. The Forest Service, Winema National Forest (Region 6), conducted a timber sale on March 19, 1979. On that date, the written bids received on the sale were opened and immediately thereafter a sales auction was conducte among those bidders who had submitted acceptable written bids and who desired to participate in the auction. Eight bidders submitted written bids; three of those bidders participated in the auction. During the auction, McGrew Brothers Saw Mills, Inc. (McGrew), decreased its bid price on one of the three timber species being offered, although the decrease was not below its original written bid price and the resulting McGrew aggregate price on all three species was greater than the previous aggregate price it had bid. This change was remarked upon at that time, but when the auction participants were asked if they objected to this manner of bidding no objections were made. At least once during the later bidding another firm decreased its bid price on one species, and again no objections were raised. McGrew eventually won the auction by submitting the highest aggregate price for all three species. On March 23, the Lakeside Corporation (Lakeside), a bidder who had not participated in the auction portion of the procurement, protested against the award of any contract because of alleged improper bidding procedures The reason

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