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![handle is hein.gao/gaocrptampo0001 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: B&M Cillessen Construction Co., Inc.
File: B-287449.2
Date: June 5, 2001
Seth V. Bingham, Esq., Miller Stratvert & Torgerson, for the protester.
David P. Gorman, Esq., Sheehan, Sheehan & Stelzner, for HB Construction of
Albuquerque, Inc., an intervenor.
James L. Weiner, Esq., and Alton E. Woods, Esq., United States Department of the
Interior, for the agency.
Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Agency's decision to allow awardee to upwardly correct its low bid is not
objectionable where the agency reasonably concluded that the awardee presented
clear and convincing evidence of the claimed mistake and the intended bid price.
DECISION
B&M Cillessen Construction Co., Inc. protests the award of a contract to HB
Construction of Albuquerque, Inc., under invitation for bids (IFB) No. RMK66010001,
issued by the Bureau of Indian Affairs, United States Department of the Interior, for
building construction at the Huerfano Dormitory-School, Huerfano Community,
New Mexico. B&M contends that the agency improperly allowed HB to make an
upward correction of its low bid.
We deny the protest.
The IFB was issued on January 15, 2001, and, as amended, contained a bid schedule
with three line items--a base bid item (construction of a new dormitory and a new
kindergarten classroom) and two additive bid items (renovation of two different
buildings). For each item, bidders were required to submit a lump sum price; to
arrive at the firm's total bid price, bidders were required to add the three prices
together. As relevant here, the IFB contained the clause at Federal Acquisition
Regulation (FAR) § 52.229-3, captioned Federal, State, and Local Taxes, which
provides that [t]he contract price includes all applicable Federal, State, and local](ViewImageLocal?handle=hein.gao/gaocrptampo0001&div=1&collection=&method=preview&ext=.png&size=3)