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B-183842 1 (1975-12-09)

handle is hein.gao/gaobadcql0001 and id is 1 raw text is: 7* THE COMPTROLLER GENERAL DECISION / OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-183842 DATE: December 9, 1975 MATTER OF: Guy F. Atkinson Company, The Arundel Corporation, Gordon H. Ball, Inc., and H. D. Zachry Company (A Joint Venture) DIGEST: 1. Where circuit court grants motion to vacate district court's judgment on issues contained in protest and remands cause to district court with direction to dis- miss action as moot, district court's opinion is elimi- nated, is not res judicata, and is not bar to considera- tion of protest, since it cannot be considered to have been decided by district court. 2. Fact that issues contained in protest are also contained in protester's suit in district court would ordinarily be bar to consideration of protest absent request or expression of interest by court in GAO decision. How- ever, protest will be considered, since Government has not filed answer, suit is not active and protester has indicated that, if suit will bar consideration of pro- test, it will have court action dismissed without preju- dice under rule 41(a)(1) of Federal Rules of Civil Procedure. 3. Low bidder would not be precluded from waiving 10-day bid acceptance period after expiration, since, by offer- ing to keep bid open for 60-day period contemplated by IFB, bidder assumed risk of price increases during period and did not gain advantage over other bidder. 4. Low bidder claiming mistake in bid and seeking correction is not required as condition to proper award to apprise agency prior to decision on correction of willingness to accept award at original bid price in event correction is disallowed. 5. Low bidder's reservation of right to contest in appropriate forum contracting agency's denial of request for correction of bid did not render agency's award to bidder improper. 6. Contractor's request for equitable relief by-way of contract reformation is not subject to bid protest procedures.

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