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B-189756 1 (1978-12-28)

handle is hein.gao/gaobadgtz0001 and id is 1 raw text is: o ~ THE COMPTROLLER GENERAL DECISIOl OF THE UNITED STATES aZ WAS HIN GTO N, D. C. 2054e e000 FILE: B-189756 DATE: December 28, 1978 MATTER OF: Murphy Brothers, Inc.-- 'Reconsideration DIGEST: j en~7~;/%~ o ~ ii/ 1. Where agency had knowledge of alleged mistake in bid after bid opening but before award, and bidder submitted evidence which could reasonably support its claim of mistake but agency denied bidder's request for withdrawal because under applicable regulation it found that evidence was not clear and convincing, agency should not have awarded contract at bid price but should have referred doubtful matter to GAO for determination as to whether withdrawal could be allowed under less stringent criteria applied by GAO. 2. Authority under FPR S 1-2.406-3 in executive agencies to determine mistake in bid cases in certain well-defined situations does not divest GAO of authority to review admini- strative determinations and to decide doubtful cases. The Federal Highway Administration (FHWA) requests that we reconsider our decision B-189756, March 8, 1978, in which we held that Murphy Brothers, Inc. (Murphy) was entitled to relief for a mistake in its bid on contract DOT-FH-10-3148. In our prior decision, we held that no contract was consummated at the award price because an error in Murphy's bid had been brought to FHWA's attention after bid opening but before award. FHWA refused to permit withdrawal of the bid. Under the circumstances,

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