Link: GAO Opinion
Agency: Environmental Protection Agency
Disposition: Protest denied.
Keywords: Mistake; Clear and convincing evidence
The Environmental Protection Agency (EPA) was correct in permitting the correction of a mistake in a bid where the bidder’s intended bid amount is ascertainable from the face of the bid and it is logically supported by clear and convincing evidence. Because the authority to correct mistakes alleged after a bid opening but prior to the award is vested in the procuring agency, and because the weight to be given the evidence in support of an asserted mistake is a question of fact, the GAO will not disturb an agency’s determination concerning bid correction unless it is unreasonable.