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Decisions Of The Comptroller General

Saturday, April 04, 2009 05:21 pm

Decisions Of The Comptroller General DON'T LET A CLERICAL MISTAKE JEOPARDIZE YOUR BID Clerical MistakeBid Protest Matter of: SDV Construction Group, LLC Comptroller General of the United States 2009 U.S.Comp.Gen.B400703(January 7, 2009)

A court held that a bidder's failure to list its prices properly, in accordance with the agency's instructions, can be corrected as an obvious clerical mistake where the intended bid is obvious from the face of the bid.

SDV Construction Group, LLC (SDV)protested a Department of Veterans Affairs (VA)construction contract award to JR Services LLC (JRS).The invitation for bids (IFB)required bidders to submit separate bid prices for a construction"base bid"along with five"deduct alternates."

The IFB instructed bidders to calculate each deduct alternate by subtracting the price for the work described in each particular alternate from the base bid.The VA could award a contract for the base bid, or for any one of the deduct alternates.

Instead of listing its deduct alternates as the cost of the base bid, minus the cost of work described in each alternate, JRS simply listed the cost of performing the work indicated in each alternate.As a result, JRS's deduct alternates were millions of dollars less than those provided by the other bidders.

SDV filed a protest, challenging any award to JRS on the basis that the bid [...]

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