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B-286488 1 (2001-01-17)

handle is hein.gao/gaocrptammh0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Aquila Fitness Consulting Systems, Ltd. File: B-286488 Date: January 17, 2001 Yvan Miklin for the protester. Thomas A. Mascolino, Esq., and Tina Perruzzi, Esq., Department of Labor, for the agency. Katherine I. Riback, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A bid that is based upon the incorrect premise that only three full-time and two part-time positions were required under a solicitation for services where the invitation for bids clearly requires five full-time positions may not be corrected. 2. Protest is sustained, even though the agency properly rejected the protester's low bid due to a mistake in bid, where it then made award to a higher-priced bidder whose bid contained the same mistake, notwithstanding that the higher-priced bidder submitted worksheets to the agency, prior to award in response to the agency's request for bid verification, that clearly evidenced the mistake, and then after award raised the contract price to account for this mistake. DECISION Aquila Fitness Consulting Systems, Inc. protests the agency's refusal to accept its modified bid and the award of a contract to FMF Corporation, under invitation for bids (IFB) No. J4R12001, issued by the Department of Labor, Mine Safety and Health Administration (MSHA), for fitness/wellness services. We deny the protest in part and sustain it in part. The agency issued the IFB on August 7, 2000 to assist in operating the Wellness Program at the MSHA Academy in Beckley, West Virginia, for a base year with 4 option years. Although the statement of work contained in the IFB did not state how many individuals were required to perform the contract work, the IFB

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