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B-290717 1 (2002-09-09)

handle is hein.gao/gaocrptaogx0001 and id is 1 raw text is: 




          G    A     0                                                 Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Mid Eastern Builders, Inc.

          File:        B-290717

          Date:        September 9, 2002

          William E. Franczek, Esq., Vandeventer Black, for the protester.
          Terence Murphy, Esq., and Patrick H. O'Donnell, Esq., Kaufman & Canoles, for
          W.B. Meredith, II, Inc., an intervenor.
          Julia C. Novotny, Esq., Department of the Navy, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging agency's decision to interpret awardee's conflicting bid amounts
          as reflecting the higher of the two amounts is denied where the agency reasonably
          determined there was clear and convincing evidence that the awardee intended to
          bid the higher amount.
          DECISION

          Mid Eastern Builders, Inc. protests the Department of the Navy's award of a contract
          to W.B. Meredith II, Inc. under invitation for bids (IFB) No. N62470-00-B-0150 to
          perform specified construction services in Norfolk, Virginia. Mid Eastern protests
          that the agency improperly accepted Meredith's bid.

          We deny the protest.

          The solicitation was issued on April 2, 2002 and, as amended, required bidders to
          submit three copies of their bid packages to a specified location by 2:00 p.m. on
          June 6. On that day, the agency timely received five bid packages, including those of
          Mid Eastern and Meredith. Three Navy officials were involved in the bid opening
          process. One official opened the bids, a second official read the bid prices, and a
          third recorded the bids on a bid abstract form. Agency Report, Contracting Officer's
          Statement, at 2.

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