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B-282085 1 (1999-05-27)

handle is hein.gao/gaocrptajir0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Stanley Contracting, Inc. File: B-282085 Date: May 27, 1999 Ronald W. Messerly, Esq., for the protester. Jan D. Sokol, Esq., Stewart Sokol & Gray, for Lloyd H. Kessler, Inc., an intervenor. James F. Zotter, Esq., Federal Highway Administration, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Intended bid was not sufficiently clear, and agency therefore improperly permitted upward correction of bid, where bidder initially claimed mistake that would make bid other than low, and subsequently abandoned this mistake claim without explanation and asserted other mistakes that would allow bid to remain low. DECISION Stanley Contracting, Inc. protests the award of a contract to Lloyd H. Kessler, Inc. (LHK) under invitation for bids (IFB) No. DTFH70-98-B-00015, issued by the Department of Transportation, Federal Highway Administration (FHA), for the repair of several sites damaged by high runoff and flooding and the obliteration of approximately 100 miles of roadway in Mt. Hood National Forest. Stanley asserts that the agency improperly permitted LHK to adjust its bid upward as a result of an alleged mistake. We sustain the protest. The agency received 10 bids by the November 17, 1998 deadline, and LHK was the apparent low bidder at $1,966,780.25. The contracting officer, by letter dated November 23, requested that LHK review its bid for possible mistakes, directing its attention to contract line item (CLIN) Nos. 21104A through 21104N, the roadway obliteration portion of the contract. By letter dated November 30, LHK asserted that it had made a mistake in calculating its bid for roadway obliteration, stating:

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