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B-184260 1 (1976-03-30)

handle is hein.gao/gaobadddl0001 and id is 1 raw text is: ~ .THE COMPTPD LL EP GENERAL OE~~5I~N ~ .OF THE UNITED STATES WASHINGTON.0 C 20548. FILE: B-184260 DATE: 3, 1976 MATTER OF: S. J. Groves & Sons Company DIGEST: 1. Where bidder seeks to withdraw its bid based upon alleged error and furnishes evidence to make prima facie case in support of error, i.e., substantially establishes error, for Government to make award it must virtually show that no error was made or that claim of error was not made in good faith. Therefore, upon ultimate determination that bona fide error was committed, withdrawal is permissible. 2. In mistake in bid cases involying errors of omission, bidder's sworn affidavit outlining nature of error, its approximate magnitude and manner in which error occurred can constitute substantial evidence thereof. This fact does not, however, detract from agency's obligation to weigh all evidence so as to determine that bona fide mistake was committed. 3. Cases discussing withdrawal of bid due to mistake do not speak to materiality of mistake made but rather to whether mistake was honest one. Thus, where magni- tude of mistake is not de minimis (between 1.6 percent and 3.2 percent of $11.8 million bid), withdrawal may be permitted. 4. Where award on combination of schedules is contemplated, award must result in lowest cost to Government. Accord- ingly, where bidder, whose bid when combined with protester's bid provided lowest cost to Government, withdraws bid, it is then incumbent on agency to make award based on combination of bidders whose bids were still available for acceptance which represented lowest cost. 5. Protest filed after agency forwarded notice of award of construction contract to low bidder must be considered as being filed after award since telegraphic notice of award constituted official award of contract. PUBISHED DECJS:ION 55 Comp. Ge.* **2... . .. - 1 -

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