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B-270101.2 1 (1996-02-12)

handle is hein.gao/gaocrptadwi0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: William G. Tadlock Construction

File:        B-270101.2

Date:        February 12, 1996

David B. Kuhlman, Esq., Ramseyer & Kuhlman, for the protester.
Frank K. Kotarski, Esq., and Cynthia S. Guill, Esq., Department of the Navy, for the
agency.
C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Agency properly allowed upward correction of mistake in apparent low bid where
the record contains clear and convincing evidence that a mistake was made and the
intended bid price can be ascertained within a narrow range of uncertainty and
remains low in any event.
DECISION

William G. Tadlock Construction protests the award of a contract to Falcon General
Engineering, Inc. under invitation for bids (IFB) No. N68711-92-B-4802, issued by the
Department of the Navy for upgrading the water systems at the agency's El Centro,
California air facility. Tadlock contends that the Navy improperly permitted Falcon
to correct a mistake in its apparent low bid.

We deny the protest.

The solicitation contemplated award of a firm, fixed-price contract to upgrade the
facility's potable water system (Part A) and wastewater system (Part B). The
solicitation also included four additive items, for which funding was available at the
time of bid opening, and which the agency therefore considered in determining the
low bidder.

The agency received six bids in response to the IFB. Including all four additive
items, there were five bids ranging in price from Tadlock's bid of $2,942,503, to
$3,097,473. The sixth bid, from Falcon, was significantly lower at a price of
$2,480,368. This disparity between Falcon's price and the other bids received
prompted the agency to ask Falcon to verify its bid.


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