Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest denied.
Keywords: Mistake; Clear and convincing evidence
A protest challenging the Department of the Army’s decision to allow the correction of a low bidder’s mistake of misplacing a decimal point when entering two subcontractor quotes was denied because the Army reasonably determined that there was clear and convincing evidence of the mistake. The GAO stated that an agency may permit the correction of a bid where clear and convincing evidence establishes both the existence of a mistake and the bid actually intended, so long as the correction would not result in displacing one or more lower bids. Whether the evidence meets the clear and convincing standard is a question of fact and the GAO will not question an agency’s decision based on the evidence unless it lacks a reasonable basis.