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B-270661 1 (1996-04-08)

handle is hein.gao/gaocrptaeab0001 and id is 1 raw text is: 


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

Decision



Matter of: Merrick Construction Company, Inc.

File:        B-270661

Date:        April 8, 1996

Michael H. Payne, Esq., Starfield & Payne, for the protester.
S. Leo Arnold, Esq., Ashley, Ashley & Arnold, for Valley Construction Company, Inc.
an intervenor.
Lester Edelman, Esq., Department of the Army, for the agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency properly allowed correction of a mistake in bid by the low bidder where the
existence of the mistake and the intended bid price were clear from the bidder's
original bid preparation papers and the corrected bid remains significantly below
the next low bid.
DECISION

Merrick Construction Company, Inc. protests the award of a contract to Valley
Construction Company, Inc. under invitation for bids (IFB) No. DACW38-95-B-0085,
issued by the U.S. Army Corps of Engineers for flood control equipment and
services at various sites along the Mississippi River, asserting that the Corps
improperly permitted Valley to correct a mistake in its low bid.

We deny the protest.

The IFB, issued on August 9, 1995, required the submission of prices for 31 line
items and a total price. Of the seven bids received at bid opening on September 21,
Valley's was low at $5,652,923; Merrick's was second low at $6,872,500. The
government estimate for the contract work was $6,234,831.

By letter dated September 25, Valley advised the agency that it had reviewed its bid
after opening because it was substantially lower than the government estimate and
the other bids received, and had discovered a mistake. Valley stated that its bid of
$669,100 on line item No. 22, Drainage Pumps, reflected the omission of $520,000
and requested permission to correct line item No. 22 to the intended $1,189,100
amount and to make a corresponding adjustment in its total bid price.


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