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B-201200.2 1 (1981-05-29)

handle is hein.gao/gaobadjks0001 and id is 1 raw text is: 0Z-5 THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: DATE: May 29, 1981 B-201200.2 MATTER OF: Lien-Ranger Construction Co., Inc. J: DIGEST: Bidder awarded contract by agency despite claim of mistake before award is entitled to relief even though evidence bidder furnished to substantiate claim was not sufficient to permit correction of bid since evidence was sufficient to allow bidder to withdraw bid. Lien-Ranger Construction Co., Inc. (Lien-Ranger), low bidder and awardee under invitation for bids (IFB) No. SCS-1-WA-81 issued by the Soil Conservation Service (SCS), United States Department of Agriculture, complains of SCS's refusal to allow it to correct or withdraw its bid. According to Lien-Ranger, a mistake occurred in the preparation of its bid--that is, it inadvertently omitted mobilization costs. SCS, how- ever, argues that correction or withdrawal was not permitted since Lien-Ranger did not present clear and convincing evidence that a mistake occurred. We believe that Lien-Ranger presented sufficient evidence prior to award to allow withdrawal. The IFB solicited bids for the construction of 'an emergency flood protection project in the Yakima, Washington, area. Six bids were received by bid open- ing, and Lien-Ranger was determined to be the low bid- der at $1,540,597. The second low bid was $2,049,900. (The Government's estimate was $1,151,000.) Since Lien-Ranger's bid was approximately $500,000 less than the next low bid, the contracting officer requested that Lien-Ranger verify its bid. L4_7......

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