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B-187026 1 (1976-11-03)

handle is hein.gao/gaobadegb0001 and id is 1 raw text is: ¶ - CIIill * NOF THE UNITrD STATES W A MHi NorO N, 0D.,. 2054 E *FILE:. B-18-7026 DAJE: November 3, 1976 MATTER3 OF:4' Stanffer Construction Co., Inc. DIGEST: ProtestE' which concedes that low bidder clearly and convincinglytestablished existence of istake in bid and of bid actually intended, but contends that con- tracting officer abould be estopped from permitting. correction because exercise of his discretion in this manner conflicted with alleged unwritteh agency policy .never to permit coerkection, is denied because elements of equitable estoppel have not boen shown to exist. Through invitation for bids (IFB) No. 0709-AA-02-0-6-CC, the Department of General Services, District of colushla (Distric) sought bids for an addition to and modernization of the Charles Young Elementary School. Of the five bids opened on June 18, 1976, ,the lowest was submitted by Kora & Williai.4 Corporation ($2,629o95001. and the second low bid in the amount of $2,822,222 was submitted by Stauffer Construction Company, Inc. Shortly after bid opening, Kora &LWillams advised the District that its bid price was in error and requested correction, OnJune 25t 1976, Stauffer protested to the'District any award of a contract *.*to the firm of Kora & Williams Cor potation,, based on reforma- . tion of their original bid. By letter of July 19, 19*16, which we received on July 22, Stauffer protested to or Office i, the same terms as it had protested to the District. In -neither instance did Stauffer elaborate upon its rationale for proteating.. On July 22$ 1976, the contracting officer' determined that Korn & Williams had submitted clear and convincing evidence of the error, the manner In whicu it occurred and the amon~t of the intended bid price, Therefore', he allowed correction of Kora & Williams' bid to the requested amount of $2,759,500 at whIch price that firm remained low. Four days later the Distriet's Contract Review Committeo con- curred in the contracting officer's action. '* n

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