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B-419894.2 Oct 22, 2021 1 (2021-10-22)

handle is hein.gao/gaomif0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                      Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: RB Construction Company
File:     B-419894.2
Date:     October 22, 2021
Cindy R. Victor, Esq., Kus Ryan & Associates, PLLC, for the protester.
Brian R. Reed, Esq., Department of Veterans Affairs, for the agency.
Christopher An, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Agency reasonably concluded that awardee submitted a responsive bid when it
acknowledged mandatory amendments and took no exception to the terms of the
solicitation.
2. Agency reasonably permitted upward correction of awardee's low bid where the
record included clear and convincing evidence of both the mistake and the intended
price.
DECISION
RB Construction Company, a service-disabled veteran-owned small business
(SDVOSB), of Mount Clemens, Michigan, protests the award of a contract to Freedom
Contracting Group, an SDVOSB of New Hudson, Michigan, under invitation for bids
(IFB) No. 36C25021 B0022, issued by the Department of Veterans Affairs (VA) for a
construction project at the Ann Arbor VA Medical Center in Ann Arbor, Michigan. The
protester alleges that the agency improperly allowed Freedom to correct a mistake in its
bid.
We deny the protest.
BACKGROUND
On March 24, 2021, the agency issued the IFB as a set-aside for SDVOSB concerns
seeking sealed bids for the construction of Site Prep Angio OR-6 for the Ann Arbor VA
Medical Center. Protest, exh. 1, IFB at 1. Before the due date for submission of bids,
the agency issued three amendments to the IFB. The first amendment, issued on
April 20, 2021, extended the bid opening date to May 6, 2021, and informed bidders that

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