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B-194566 1 (1979-08-16)

handle is hein.gao/gaobadhnh0001 and id is 1 raw text is: a ~OVLEA% (CtA1s TM COMPTROLLER MENERAL * .OF THE UNIT~ED STATES* W A SH tN GT 0N 0D. C. 20 548B FILE: B-194566 DATE: August 16, 1979 MATTER OF: Blosam Contractors, Inc. DIGEST: 1. Protest filed more than ten days after receipt of initial adverse agency action and sent by certified mail less than five days before final date for filing is untimely and not for con- sideration on the merits 2. Unsuccessful bidder may not, after award, have its bid corrected on basis of overlooked lower subcontractor's estimate, and thereby displace awardee. Blosam Contractors, Inc. (Blosam) protests the decision by the Department of the Army to permit te correction before award of an erroneous bid submitted 9 by W & J Construction Corporation (W & J) under invitation for bids (IFB) No. DACA01-79-B-0009. Blosam also protests the Army's decision not to per- mit correction by Blosam, after,award, of its allegedly erroneous bid under the same IFB. The .IFB was issued the U.S. Army Corps of ACG'o Engineers, for the alteration of bachelor enlisted quarters at Patrick Air Force Base. At bid opening on December 19, 1978, W & J was found to have submitted the low bid of $2,846,000. Blosam was second low at $2,948,135. After bid opening, on this same date, W & J advised the Contracting Officer of an alleged mistake in bid and subsequently requested correction pursuant to Defense Acquisition'Regulation (DAR) 2-406.3(a)(2)(1976 ed.). By letter dated February 15, 1979, Blosam advised the Army that if W & J was awarded the contract at a price in excess of its $2,846,000 original bid, Blosam was serving notice of its protest .of the award. Pursuant to his authority under DAR 2-406.3(b)(1), the General Counsel of the Office of the.Chief of

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