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B-192106 1 (1978-09-11)

handle is hein.gao/gaobadgkd0001 and id is 1 raw text is: THE COMPTROLLER SiENEPAL DECISION. rg* OF THE UNITED STATUS WA 'NoTON. C.c. 2ast FILE: 8-192106 OATE: september U, 1978 MATTER OF: Chatty & Hope, Inc. DIGEST: 1. An error to bid may be corrected after opening if bidder can show by clear and convincing evidence that a mistake was made, how the mistake occurred, and what the intended bid would have been. 2. Late bid modification may be evaluated in conjunction with other evidence to establish by clear and convincing evidence the Intended bid. 3. The existence of late bid modification is not sufficient without independent substantiating evidence to establish by clear and convincing evidence the existence of error or the intended bid. 4. Although the GA has retained the right of review, the authority to correcc mistakes alleged after bid opening but prior to award is vested in procuring agency and weight to be given evidence in support of alleged mistake is question of fact to be considered by the administratively designated evaluator of evidence, whose decision will not be disturbed by us unless there is no reasonable basis for agency decision. 5. In reviewing agency decision on correction of alleged bid mistake, GAO concern is not whetht:: GAO would necessarily have reached same result in first instance, but whether there was reasonable basis for agency's conclusion. The Vicksburg District of the Army Corps of Bagineers issued invitation for Bids (IP) DACW38-78-B-0021 for constructing the recre- ation facilities at Bnid Lake, Mississippi Dam and Outlet Channel. The eight bids submitted were onened at 11:00 a.m. on February 21, 1978. The apparent low bidder was Chaney & Hope, Inc. (Chaney), at $639,909.35. The second low bid was $673,631 by Wise Construction Company. The Government estimate was $587.193.20. At 10:39 a.m. EST, which was 9:39 a.m. CST, or one hour and twenty minutes before bid opening, Chaney sent a TUX requesting an increase in items 6 and 7 of its bid by $9,000 and $10,000, respectively. Because the previous day had been a holiday, the teletype was in heavy use and the bid modification vas not received until 2:36 p.m., 3 1/2 I p

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