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B-266344 1 (1996-02-16)

handle is hein.gao/gaocrptadvm0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Grunley Construction Co., Inc. File: B-266344 Date: February 16, 1996 Herman M. Braude, Esq., Braude & Margulies, P.C., for the protester. Terrence J. Tychan, Department of Health and Human Services, for the agency. Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly permitted correction of alleged mistake in bid where bidder claimed mistake in line item price rather than in total price, but (1) it is not clear from face of bid which of the two was intended; (2) either price reasonably could have been intended; and (3) bid is low under only one of the two reasonable interpretations. DECISION Grunley Construction Co., Inc. protests the award of a contract to Modern Electric of Maryland, Ltd. under invitation for bids (IFB) No. 263-95-B-CP-0239, issued by the Department of Health and Human Services, National Institutes of Health (NIH), for construction services to install emergency generators and an uninterruptible power source (UPS) in Building 12 on the NIH campus in Bethesda, Maryland. Grunley contends that NIH improperly allowed Modern to correct a mistake in its bid. We sustain the protest. The bid schedule contained three line items: base bid item 0001, item 0002 for option 1, and item 0003 for two deductive services. The IFB provided that the low bidder would be the responsible bidder offering the lowest aggregate price for (1) the base bid plus (2) option #1 minus (3) the deductive bid items ...... Twelve bids were received by the August 24, 1995 bid opening. Modern was identified as the apparent low bidder, with a total aggregate bid of $3,426,380; Grunley submitted the second low bid, $3,504,000. Modern's bid schedule was as follows: 117212

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