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B-278364 1 (1997-12-15)

handle is hein.gao/gaocrptagfe0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Reynosa Construction, Inc. File: B-278364 Date: December 15, 1997 Douglas Seegmiller, Esq., for the protester. Barbara Bear, Esq., Department of the Army, for the agency. Jennifer Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where correction of bid did not result in displacement of lower bid, agency properly relied on evidence extraneous to the invitation for bids and bid itself in determining that bidder had demonstrated, by clear and convincing evidence, both the existence of a mistake and the bid intended. DECISION Reynosa Construction, Inc. protests the decision of the U.S. Army Corps of Engineers to allow Elkhorn Construction, L.L.C. to make an upward correction in its low bid under invitation for bids (IFB) No. DACA63-97-B-0059, for construction of a loading ramp and parking lot extension at the Marine Corps Reserve Center in Amarillo, Texas. We deny the protest. The IFB asked bidders for a single lump-sum price for the construction work. Four bids were received by the September 24, 1997, opening date. Elkhorn's bid of $188,424 was lowest of the four; Reynosa's bid of $383,000 was second low. The government estimate for the work was $317,170. Elkhorn's manager, Jerry Bublitz, telephoned the agency after bid opening and was told that his company was the apparent low bidder with a bid of $188,424. Mr. Bublitz responded that this was not his company's bid, and immediately faxed to the agency copies of Elkhorn's computer worksheets for this solicitation and for a second solicitation issued by the same contracting office, IFB No. DACA63-97-B- 0021, for construction work at the Marine Corps Reserve Center in Broken Arrow, Oklahoma, for which his company had also submitted a bid on September 24. Mr. Bublitz explained that he had been preparing his company's bids on the two projects simultaneously, and that in hastening to complete the two bid schedules, he had inadvertently entered the bid price from his working papers for IFB No. -0021

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