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B-194141 1 (1979-03-22)

handle is hein.gao/gaobadhal0001 and id is 1 raw text is: - / 44 \ THE COMPTROLLER GENERAL DECISIli N OF THE UNITED STATES A.WASHINGTON, 0. C. 20546 FILE: DATE: Mech 22, 1979 B-194141 MATTER OF: Jaybil Industries, Inc. 1. Bidder that alleges after bid opening but before award that late telegraphic bid modification that further lowered its already low bid was sent to pro- curing activity by mistake is entitled to submit evidence of alleged mistake for consideration under applicable regulations to determine if bid can be corrected or withdrawn. 2. Where low bidder alleges after bid opening but prior to award that late telegraphic bid modification was sent to agency by mistake, agency cannot accept such modification unless bidder cf/ is given opportunity under applicable regulations to prove existence of ' ake and obtain appropriate relie Jaybil Industries, In . (Jaybil), low bidder on invitation for bids (IFB) N62477-77-B-0269 issued by the Chesapeake Division, Naval Facilities Engineerinq Command (Navy), protests the Navy's acceptance of its late telegraphic bid modification on the basis that the telegram was sent by mistake. The IFB solicited bids for storm windows to be installed at the United States Naval Academy and Naval Station, Annapolis, Maryland. Bid opening was scheduled for 3 p.m., January 18, 1979. Seven bids were received, and when opened, Jaybil's bid of $509,572.40 was low. At 8 p.m. that evening, the procuring agency received over its telex machine a message from Jaybil which reduced that company's bid by $20,000. Although

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