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B-279896 1 (1998-07-29)

handle is hein.gao/gaocrptahub0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Circle, Inc.

             File:        B-279896

             Date:        July 29, 1998

             Patricia M. Crowley, Esq., Simon, Peragine, Smith & Redfearn, for the protester.
             S. Leo Arnold, Esq., Ashley, Ashley & Arnold, for Souter Construction Co., an
             interveno r.
             Karen Da Ponte, Esq., and Lester Edelman, Esq., Department of the Army, for the
             agency.
             Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest that agency improperly denied firm's request for upward correction of
             mistaken bid is denied where agency reasonably found that discrepancies in the
             worksheets, as well as other evidence provided, did not establish intended bid.
             DECISION

             Circle, Inc. protests the denial of its request for upward correction of its low bid
             under invitation for bids (IFB) No. DACW29-98-B-0021, issued by the United States
             Army Corps of Engineers for construction of a railroad bridge and associated work
             involved in flood control in St. Charles Parish, Louisiana.

             We deny the protest.

             Circle submitted the low bid of $5,793,966. Agency Report (Rpt.) Exhibit (Exh.) 3.
             Souter Construction Company submitted the second low bid of $6,846,330. Id. By
             letter dated January 26, 1998, the contracting officer notified Circle that the firm's
             bid was lower than the Government Estimate (without profit) of $5,927,169.68 and
             [was] considerably lower than that of the other bids received. Rpt. Exh. 12. The
             letter requested that Circle review [its] bid and specifications to ensure you
             understand what is required, with [p]articular attention ... called to [line] item
             [No.] 0019, for removal of a railroad detour. Circle bid -0- for that item. Id.

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