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B-296855.2 1 (2005-11-16)

handle is hein.gao/gaocrptaqyk0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Odyssey International, Inc. File: B-296855.2 Date: November 16, 2005 Patrick S. Hendrickson, Esq., for the protester. Timothy A. Sullivan, Esq., and Michael H. Payne, Esq., Payne Hackenbracht and Sullivan, for Allied Contractors and Engineers, Inc., an intervenor. Carrie E. Kamler, Esq., Department of Labor, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly failed to allow correction of claimed mistake in bid, where the bidder established its mistake and its intended bid (which was still low) by clear and convincing evidence and the agency denied the requested correction because of other suspected mistakes which were unrelated to the one claimed and which the agency did not bring to the bidder's attention, as required by Federal Acquisition Regulation §§ 14.407-1, 14.407-3(g)(1)(iv), and where the evidence in the record, including hearing testimony and worksheets, does not evidence that the bidder made additional mistakes (as suspected by the agency) or that the worksheets were not in good order. DECISION Odyssey International, Inc. protests the Department of Labor's (DOL) decision to deny its request for correction of a mistake in its low bid under invitation for bids (IFB) No. 051RB20036, for construction services, and the consequent rejection of its bid. We sustain the protest. The IFB, issued on April 1, 2005, sought bids for the construction of a new 178-bed, 43,788 square foot, three-story dormitory building at the Red Rock Job Corps Center, Lopez, Pennsylvania. At the bid opening on May 10, DOL received eight bids. Odyssey submitted the low bid at $6,246,616 (a base bid of $6,034,000 plus two solicited and evaluated alternates totaling $212,616) and Allied Contractors and Engineers, Inc. submitted the next low bid at $7,319,800. Agency Report, Tab 31, Bid

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