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B-193253.2 1 (1979-05-23)

handle is hein.gao/gaobadhgn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIO l OF THE UNITED STATEB WASHINGTON. D.C. 20548 FILE: B-1932S3.2 DATE: Va1y 23, 1979 MATTER OF: North Star Electric Contracting Corp. DIGEST: Bidder alleging mistak6 in bid in solicitation subsequently caicellid becaue remaining bid is found to be.unreas&rably high, may not.legally be prohibited from bidding on reso'lici- tatfon of requirement, and agency's affirmative determination of responsibility of such bidder will not be reviewed by CeneralAccounting Office, absent allegation of fraud or misapplication of definitive responsibility criteria, factors not present here. North Star'-Electric Contracting Corporation (North Star) pro- tests the award of a contrac for'certain construction work at the United States Military Academy, West Point, New York, to Wiceiam Contracting Company, Irc. (Wickham), under invitation fo: bids (IFB) No. DACA51-79-B-'016 Issued by the Army Corps of Engineers. This FB is.a resolicitation of the same requirement originally solicitedunderrIFB No. DACAS1-78-B-0046. Wickham was low bidder underthe orihinal siolicitation; its bid of $878,000 was 27 per- ceht lower than the Government estimate of $1,195,000, and 42 per- cent lower than the $1,384,000 bid submitted by North Star, the only other bidder. Inresponse to a request-by the Army for bid confirmation undrthe originai IFB, Wiiham claimed ;it had made a mistake of $200;OOtin its bidSahndereqtstedthat thebid be corrected to $1,078,000. ThetArmy deterhined 'that while Wickham had presented sufficient evidezice to establish that a mistake in bid had been made, it had failed'to provide clear and convincing evidence of its intended bid, Accordingly, pursuant to.Defense Acquisition Regula- tion (DAR) 2-406.3 (1976 ed.), the Army denied Wickham's proposed correction, and instead authorized Wickham to withdraw its-,bid. Wickham declined to do so and protested the Army's determination to this Office. Subsequently the Army cancelled the solicitation because North Star's bid was 15 percent above the Governmen't esti- mate and in excess of the programmed amount for the project.

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