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B-178402 1 (1973-10-01)

handle is hein.gao/gaobaadft0001 and id is 1 raw text is: h I 9 I r. ' * COMPTROLLER GENERAL. OF THE UNITED ItfATES WASHINGTCN.C. £10S48 B47002October 1 1973 I A, C, &P3I'I Cooany 1697 Industrial I-ad Ban Carlos, California 94070 Attention: Richard Do Mets Assistant Treanru Gentlemen: Further reference in rmde to your letter .f April 5, 1973, ith enclosUres,' requestIis relief from contract! N4, DAAY373C(28, awarded by the A.y Weapons nConand, Roc* Islaid, Illinois, under invitation for bids No, DAA?03-72-BD1595 issued June 2, 1972v The invitation solicited bids for 124 intorr r ring gears for tanks, Eleven timely bids were received ranstng Ln price with firEt article approval from4 your bid of k212#50 per ring gear to a bid of .0Co,00 per ring gear. On July 25, 1.97, yvu were awarded a contract with first article approval for a tote;. tmount of $26,350.00. You refused to undertaks perforrance of the :ntrst and in a latter of Gepteber 28, 1.72, to the contracting .fflcer requested either rescinsion or reformation based upon a clainmed miuitake in bid. By nftice dated December 20, 1972, the contracting officer terudnated the contract for default. By lettt r dated Janouwy 8, 1973, you anpealod the deftault termi- nation to the Armed Servineo BaxA of Contract Appeals (AtE), and simultaneouasly requested t .at the contracting offt.er refor your appeal to our Office for &scioinn. On February 16, 1973, the Board advised you that it would lefer action on the ap.ea pendtng a decision by our Office on the question of the o xtstence of a valid crntract. In theie circur.atances, an since the question to be deeide is one of law, we deem Zt appropria-.t for our Office to consider the mnttea. .. You request resolcuton of the contract on the grounds %hat pou tae a mistake in bid and that the Government knew or should have kno n of the mistake before the bid was accepted for award. You re irr to your letter to the contracting officer dated Iepteobwr W3, 197E2, stating that toolina costs of aorroximatelvA t.250 war& not f .ltitfd In the -1. I k I L &

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