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B-290462 1 (2002-06-25)

handle is hein.gao/gaocrptaofq0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Mitchell Roofing & Contracting File: B-290462 Date: June 25, 2002 Tom Wright for the protester. Vera Meza, Esq., U.S. Army Materiel Command, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where record shows that agency misread electronic version of awardee's bid as incomplete at the time of bid opening, and that, in fact, complete bid was received prior to bid opening time, there is no basis for questioning agency's award decision. DECISION Mitchell Roofing & Contracting protests the award of a contract to Petticoat Construction Inc. under invitation for bids (IFB) No. DAAE24-02-B-0002, issued by the Department of the Army, as a section 8(a) set-aside, for re-roofing a building at Anniston Army Depot, Alabama. Mitchell asserts that the award was improper because Petticoat did not submit a timely complete bid. We deny the protest. The IFB required the submission of electronic bids by 10:00 a.m. on January 28, 2002. Petticoat submitted a telefacsimile (faxed) bid by this time, but when the agency viewed it electronically, it appeared that the bid consisted only of two pages, and that the third page--containing the bid schedule--had not been submitted. Thus, no price was recorded for Petticoat at bid opening. Thereafter, the low bidder withdrew its bid due to a bid mistake, and the apparent second-low bid was eliminated because the bidder was not an eligible 8(a) contractor. Since Mitchell's bid appeared to be next low, the agency obtained responsibility information from the firm. Prior to making the award to Mitchell, however, the agency printed out all of the electronic bids. When it did so, it found that Petticoat's bid had in fact included a complete bid schedule showing a bid of $333,600. Since this price was lower than Mitchell's bid of $392,380, the agency awarded Petticoat the contract.

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