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B-183546 1 (1975-07-01)

handle is hein.gao/gaobaddia0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-183546 ' DATE: July 1, 1975 MATTER OF: Capay Painting Corporation DIGEST: 1. Low bid may be corrected before award where bidder presented clear evidence of nature and existence of mistake and bid actually intended, and corrected bid does not displace any other bidder, notwithstanding allegations by second low bidder that correction is unjustified where manner in which error occurred is susceptible of two alternative explanations, since workpapers reveal that either explanation is reasonable and this Office will not disturb administrative determination to correct unless there is no reasonable basis therefor. 2. Submission of an unbalanced bid does not render bid nonresponsive. Record does not support protester's contention that low bidder could selectively obtain correction of any one of several bid items depending upon its compctitive position. Capay Painting Corporation (Capay) protests correction of the low bid of A-1 Cleaning, Sandblasting and Waterproofing of Austin, Inc. (A-1) under Invitation for Bids (IFB) No. DACWO3-75-B-0031 issued by the.Little Rock District, Corps of Engineers, for main- tenance painting and cathodic protection system alterations on a dam. Nine bids were received and opened on March 5, 1975. A-l's total bid was $286,280 while that of Capay was $344,468. The Govern- ment estimate was $410,424.50. Since A-l's bid was approximately 30.35 percent lower than the Government estimate, the contracting officer asked A-1 to verify its bid and in particular its bid for item No. 2, Stoplog Installation and Removal. A-1's unit price for that item was $100 whereas the Government's estimated unit price was $4,135. On March 6, a representative of A-1 advised the con- tracting officer that A-1 had in fact made a mistake in its bid for item No. 2 and that the unit price should have been $2,000. Sub- sequently A-1 submitted a letter to that effect and requested correction, submitting its original workpapers together with a notarized statement that the papers were A-l's complete original and only copies. Our Office consistently has held that to permit correction of an error in bid prior to award, a bidder must submit clear and convincing evidence that an error has been made, the manner in which the error occurred, and the intended bid price. 53 Comp. Gen. 232 (1973). The - 1 -

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