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B-285880 1 (2000-09-18)

handle is hein.gao/gaocrptaleo0001 and id is 1 raw text is: 



                   -e GeAtOa
 __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: Cooper Construction, Inc.

         File:       B-285880

         Date:       September 18, 2000


         Lawrence J. Sklute, Esq., Sklute & Associates, for the protester.
         Christine S. Trafford, Esq., and Joseph J. Summerill, Esq., Department of Justice,
         Federal Bureau of Prisons, for the agency.
         Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that contracting agency improperly denied request for bid correction is
         sustained where the worksheets submitted by the low bidder to support the claimed
         mistake in bid establish the existence of the mistake and the intended bid by clear
         and convincing evidence, and where the affidavit submitted along with the claim is
         entirely consistent with the worksheets.
         DECISION

         Cooper Construction, Inc., protests the decision by the Department of Justice,
         Federal Bureau of Prisons, to deny its request to correct a mistake in its low bid
         under invitation for bids (IFB) No. 50703-4053, issued for demolition and the
         construction of a new accessible stair and elevator corridor at the Federal
         Correctional Institution in El Reno, Oklahoma. Cooper contends that the agency's
         decision was unreasonable.

         We sustain the protest.

         Bidders were required to submit a single lump-sum bid to perform the solicited
         work. The details of that work were set forth in narrative specifications and a set of
         drawings. IFB attach. II, III. On May 19, 2000, Cooper submitted the apparent low
         bid of $444,000. The remaining two bids were for $594,000 and $614,000.

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