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B-192644 1 (1979-01-29)

handle is hein.gao/gaobadgwg0001 and id is 1 raw text is: THE COMPTROLLER QENERAITL~ DECISION . J9 OF THE UNITED STATES a . / WASHINGTON, D.C. 20548 FILE: B-192644 DATE: January 29, 1979 MATTER OF: Leo Journagan Construction Co., Inc. DIGEST: 1. Where prior to bid opening bidder protests alleged improprieties in solicitation to agency, opening of bids without taking any corrective action constitutes initial adverse action from which protester has 10 working days to file protest with GAO. Protest relating . to such alleged improprieties filed more than 10 working days after bid opening is therefore dismissed as untimely. 2. Award to lowest bidder based on revised Govern- ment estimate was proper exercise of agency's discretion where Government estimate was revised pursuant to regulation and decisions of this Office and was reasonable. Leo Journagan Construction Co., Inc., (Journagan) protests award of a contract under invitation for bids (IFB) No. DACW41-78-B-0092 issued by the Army Engineer District, Kansas City, Missouri, for the clearing and disposal of timber in connection with the construction of a dam. Journagan contends that the specifications contained many deficiencies and inadequacies which were not corrected despite Journagan's bringing the problem to the attention of the contracting officer prior to bid opening on August 9, 1978. Journagan further contends the Government improperly awarded the contract to a bidder whose bid exceeded the Government estimate by 41.8 percent, and that although the Government revised its esti'mate after bid opening and prior to award so that the low bidder's bid only exceeded the Government's revised estimate by 23.6 percent, the Government's upward revision of the estimate was erroneous and im- proper.

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