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B-298609 1 (2006-10-31)

handle is hein.gao/gaocrptasrh0001 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: Miramar Construction, Inc. File: B-298609 Date: October 31, 2006 Alan Dickson, Esq., Paul C. Burkholder, Esq., and Tammy Hopkins, Esq., Epstein Becker & Green, for the protester. Kerry S. Curtis, Esq., U.S. Army Corps of Engineers, 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 Contracting agency's determination to permit bidder to upwardly correct its apparent low bid lacks a reasonable basis where bidder's explanation for alleged mistake is illogical and raises questions as to whether a mistake occurred, and where agency's determination fails to address these questions and relies on mischaracterizations of the bidder's explanation. DECISION Miramar Construction, Inc. protests the proposed award of a contract to ERS-JV under invitation for bids (IFB) No. W912PL-06-B-0008, issued by the U.S. Army Corps of Engineers, Los Angeles District, for the removal and replacement of sewer lagoons in wastewater treatment facilities at the Yuma Proving Ground in Arizona. Miramar primarily argues that the Army improperly permitted ERS-JV to make an upward correction to its apparent low bid. We sustain the protest. The Army issued the solicitation on May 15, 2006 as a competitive section 8(a) procurement.' Bidders were required to provide a separate lump sum price for each 1 Section 8(a) of the Small Business Act authorizes the Small Business Administration to contract with other government agencies and to arrange for the performance of those contracts via subcontracts awarded to socially and economically disadvantaged small businesses. 15 U.S.C. § 637(a) (2000).

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