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B-277173.2 1 (1997-10-15)

handle is hein.gao/gaocrptagbd0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Gulfstates Industries, hie. File: B-277173.2 Date: October 15, 1997 K C. Tsambis for the protester. Charles D. Raymond, Esq., Harry L. Sheinfeld, Esq., and Gary E. Bernstecker, Esq., Department of Labor, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency properly allowed correction of a mistake in the awardee's low bid where the awardee presented clear and convincing evidence of the existence of the mistake and of the intended bid price, within a narrow range of uncertainty, and the bid remained low. DECISION Gulfstates Industries, Inc. protests the award of a firm, fixed-price contract to THL Enterprises, Inc. by the Department of Labor under invitation for bids (IFB) No. 97-DAA-16-JC for the removal and replacement of specified roof systems and damaged decking and certain associated repairs at the Jacksonville Job Corps Center. The protester contends that the agency improperly permitted THL to correct a mistake in its apparent low bid. We deny the protest. Of the seven bids received at the January 28, 1997, bid opening, THL's bid of $195,000 was apparently low, and the Gulfstates bid of $356,860 was third low. The second low bidder was allowed to withdraw its bid based on a mistake. The government estimate for the project, as stated in the IFB, was $250,000 to $500,000. Because THL's bid was substantially lower than the government estimate and the other bids, the project architect requested, on January 29, that THL verify its bid. In response, by letter of the same date, THL stated that it had made a clerical mistake in its bid, and that its intended bid was $295,000. By letter to the agency of January 30, THL requested correction of its bid to $295,000 and enclosed a cost breakdown to demonstrate the clerical error and bond documents to support the intended $295,000 bid. THL's cost breakdown indicated a total cost of $290,439.82, without any entry for profit, and the enclosed power of attorney for the bid bond

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