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B-198204 1 (1980-05-01)

handle is hein.gao/gaobadifr0001 and id is 1 raw text is: LLR r STHE COMPTROLLER GENERAL DECISION . .=OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-198204 DATE: May 1, 19b0 MATTER OF: Department of the Treasury, Customs Service DIGEST: Since Government agency did not mail acceptance of bid to contractor prior to expiration of period of availability for obligation of fiscal year 1979 appro- priation, no binding agreement within meaning of 31 U.S.C. § 200(a) (1976) arose in fiscal year 1979 which would provide basis for recording obligation against fiscal year 1979 appropriation and, therefore, fiscal year 1980 funds must be used. The Department of the Treasury, Customs Service, e uest a decision regarding the propriety of recording an oB igation in fiscal year 1979 (FY 79) where the docu- ment providing the basis for the obligation was misplaced due to an apparent distribution error and not discovered until the following fiscal year. A brief summary of the circumstances reported follows. The obligation relates to a procurement for con- V struction of certain employee residences. The project was identified as an FY 79 requirement, the project cost was included in Customs Financial Plan, and the project was approved on March 1, 1979. Invitation for bids (IFB) No. CS-79-42 was issued on August 9, 1979, and bids were opened on September 10, 1979. Gerrico Con- struction Inc. (Gerrico) submitted the low, responsive bid. During the week of September 17, 1979, the presi- dent of Gerrico was telephonically informed that his bid had been accepted and that award would be made to Gerrico. On September 22, 1979, Customs assigned FY 79 contract number Tc-79-54 to the Gerrico contract. On September 28, 1979, the contracting officer signed SF 23 (Construction Contract) which by reference incor- porates the Gerrico signed bid. Upon signing the document, the contracting officer immediately relin- quished control over it by placing it in the Customs

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