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B-208660.2 1 (1982-12-28)

handle is hein.gao/gaobadkuo0001 and id is 1 raw text is: TH COMPTROLLER GE RAL DECISIONIO THE UNITE U TATES SWASHINGTON, Do0,05 C4U FILE: B-20866092 DATE: December 28, 1982 MATTER OF: Southwest Truck Body Company--Request for Reconsideration DIGEST: GAO will not consider a protest by the second low bidder that the agency failed to verify an allegedly mistaken low bid properly beyond advising the procuring agency of a possible mistake for verification purposes. Only the contracting parties--the Government and the firm in line for award--are in a position to assert rights and present evidence to resolve mistake-in-bid questions. Southwest Truck Body Company requests reconsidera- tion of Southwest Truck BaygCompany, B-208660, Septem- ber 8, 1982, 82-2 CPI212inWhT'h we summarily denied Southwest's protest that the Department of the Army did not seek proper verification of the low bid submitted by Davey Compressor Company under invitation for bids (IEB) No. DAAA09-82-0-5556 prior to awarding a contract to that firm, Southwest, the second low bidder under the IFB, maintains that our summary denial of its protest failed to address all of the arguments it raised concerning the knowledge the contracting officer allegedly had about Davey's low bid which should have put the agency on notice of a suspected mistake and therefore required bid verifi- cation. We denied Southwest's protest summarily in our Septem- ber 8 decision because it was clear that the protest on its face lacked legal merit. In doing so, however, we did not mean to suggest that we will routinely review protests of this nature; indeed, Southwest's protest could have been dismissed., Under the mistake-in-bid procedures, a contracting officer who knows or should know of the possibility of a mistake in the low bid must request verification from the bidder. Once verified, the bid generally may be accepted with confidence that the bid price actually reflects the bidder's intention. If the bidder responds by claiming a mistake (or claims mistake after award, alleging that the 4 .9 . -- . . . . . - - - - . . . . . - n...* *w w neo

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