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B-415480 1 (2018-01-05)

handle is hein.gao/gaobaduex0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ....................................................................................................................... DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Herman Construction Group, Inc. File: B-415480 Date: January 5, 2018 William L. Bruckner, Esq., and Jessica L. Mulvaney, Esq., Bruckner Law Firm, APC, for the protester. Brian A. Darst, Esq., Brian A. Darst Law Office, for Talion Construction, LLC, an intervenor. Kate Gorney, Esq., Department of Veterans Affairs, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency unreasonably determined that awardee had demonstrated by clear and convincing evidence a mistake in its bid where the existence of the alleged mistake was not corroborated by the record. 2. Agency unreasonably determined that awardee had demonstrated by clear and convincing evidence its intended bid price where the awardee failed to show that it intended to use a particular subcontractor quotation prior to bid submission. DECISION Herman Construction Group, Inc., of Escondido, California, protests the award of a contract to Talion Construction, LLC, of Honolulu, Hawaii, under invitation for bids (IFB) No. VA261-17-B-0330, issued by the Department of Veterans Affairs (VA) for construction services. The protester alleges that the agency improperly allowed Talion to correct a mistake in its bid. We sustain the protest. BACKGROUND The IFB was issued on April 12, 2017, for the renovation and expansion of the emergency department at the VA Palo Alto Health Care System campus in Palo Alto, California. IFB at 2, 10. The IFB contemplated a single award, and required that bids

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