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B-189756 1 (1979-06-07)

handle is hein.gao/gaobadhhg0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-189756 DATE: June 7, 1979 MATTER OF: Murphy Brothers, Inc.-- Reconsideration I DIG T 1. Authority under FPR § 1-2.406-3 in executive agencies to determine whether a mistake in bid case is doubtful and therefore should be referred to GAO does not foreclose GAO from reviewing that determination as well as agency determination regarding sufficiency of bid- der's evidence. 2. Where bidder only requests permission to correct bid price, bidder may alternatively be allowed to withdraw its bid if evidence is clear and convincing only as to the mis- take, but not as to the intended bid. The Federal Highway Administration (FHWA) requests that we reconsider our decisions, Murphy Brothers, Inc., B-189756, March 8, 1978, 78-1 CPD 182 and 58 Comp. Gen. 185 (1978), 78-2 CPD 440, in which we held that Murphy Brothers, Inc. (Murphy) was entitled to relief for a mistake in its bid on contract DOT-FH-10-3148. In the original decision, we held that no contract was consummated at the award price because an error in Murphy's bid had been brought to FHWA's attention after bid opening but before award. FHWA refused to permit correction or withdrawal of the bid. Because rescis- sion was not feasible, we granted Murphy relief on a quantum valebant or quantum meruit basis. In the first reconsideration, we held that FHWA should have referred the doubtful matter to us for determination as to whether withdrawal could be al- lowed under less stringent criteria applied by this Office pursuant to decisions of the Court of Claims. We additionally held that FHWA's authority under FPR S 1-2.406-3 (1964 ed., amend. 165) to determine mistake

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