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B-292555,B-292555.2 1 (2003-10-10)

handle is hein.gao/gaobacyle0001 and id is 1 raw text is: 


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         G    A    0Comptroller General
 .. . .Accountability * Integrity * Reliability                    of the United States
United States General Accounting Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Roy Anderson Corporation

         File:       B-292555; B-292555.2

         Date:       October 10, 2003

         William R. Purdy, Esq., Purdy & Germany, for the protester.
         Paul H. Sanderford, Esq., Pratt & Sanderford, for Emerson Construction Company,
         Inc., an intervenor.
         Joel R. Trautman, Esq., and William M. Brown, Esq., U.S. Army Corps of Engineers,
         for the agency.
         Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Where workpapers contain clear and convincing evidence that the low bidder
         mistakenly omitted an element of cost from its bid, the contracting agency properly
         permitted upward correction of the bid; even where the exact amount of the
         intended bid is not certain, determination to allow correction is reasonable where
         intended bid falls within a narrow range of uncertainty and would remain low after
         correction.
         DECISION

         Roy Anderson Corporation protests the award of a contract to Emerson
         Construction Company, Inc. under invitation for bids (IFB) No. DACA63-03-B-0001,
         issued by the U.S. Army Corps of Engineers for construction of barracks at Fort
         Hood, Texas. Roy Anderson contends that the agency improperly permitted
         Emerson  to correct an alleged mistake in its bid.

         We  deny the protest.

         The IFB was issued on April 28, 2003, and bid opening was held on June 12.
         Emerson  submitted the apparent low bid of $35,574,639.50. Roy Anderson's next low
         bid was $40,570,831. The government estimate for the project was $40,383,671.
         Emerson  was asked to verify its bid, since it was substantially lower than the other
         bids received and the government estimate. Upon review of its bid and workpapers,
         Emerson  discovered an error in the calculation of its subtotal price on a

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