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B-283857 1 (2000-01-18)

handle is hein.gao/gaocrptakyn0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                               Comptroller General
                                                                  of the United States
United States General Accounting Office           DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                             The decision issued on the date below was subject to a
                                                 GAO Protective Order. This redacted version has been
                                                 approved for public release.

         Decision

         Matter of: Construction Technology Group, hie.

         File:       B-283857

         Date:       January 18, 2000


         Deborah R. Murphey, Esq., and Karl Dix, Jr., Esq., Smith, Currie & Hancock for the
         protester.
         Joseph J. Kokolakis for J. Kokolakis Contracting, Inc., an intervenor.
         Larry E. Beall, Esq., and Joseph A. Gonzales, Esq., U.S. Army Corps of Engineers, for
         the agency.
         Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Contracting agency reasonably permitted upward correction in low bid where the
         offeror presented clear and convincing evidence of the mistake--the failure of a
         computerized spreadsheet to include three line item prices in subtotal and total
         prices--and the intended bid within a narrow range of uncertainty, and the bid would
         remain low under any interpretation.
         DECISION

         Construction Technology Group, Inc. protests the agency's decision to permit an
         upward correction of the low bid of J. Kokolakis Contracting, Inc. under invitation
         for bids (IFB) No. DACASO1-99-B-0042, issued by the U.S. Army Corps of Engineers
         for dining facility construction at MacDill Air Force Base (AFB) in Florida.

         We deny the protest.

         The IFB contained a bid schedule that required bidders to submit prices on eight
         items, including five base items and three option items. IFB at BS-1. The
         requirements in the bid schedule were delineated in numerous detailed
         specifications and plans/details as shown in the contract. Award was to be made
         based on the low price for the base bid and all options. IFB at BS-2. The Corps

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