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B-178388 1 (1973-09-25)

handle is hein.gao/gaobaadgr0001 and id is 1 raw text is: 
                I                                           9


                COMPTROLLER GENERAL OF THE UNITED STATFS
                           WASHINGTON, P.C. z0341s



*-17830                                   september 25, 1973


* he Honorable
The Secretary of the Army       BEST DOCUMENT AVAILABL

Pear Hr. Secretary:

     Reference tI smda to letter DAPN-OCI dated Juno 29, 1973t with
* nclosuresp from the General Counsel, Offica of the Chief of Engineers,
rommending relief for Thombs & Co., Inc, ,Fairbanks, Alaska, for an
error made in the bid upon which contract Ho. DACA8B-72-C-0078 is based.

     The. solcitation upon which the contract in based itwited bids for
the construction of National Guard Arnorles at three sitee; Cmbal1
(schedule A), Goodnm   Bay (schedule B) and Savoonga (schedule C), The
Invitation provided that the Government would furnish transportation for
suppliest mterials and equipment and invited bidder to spocify the
amount of tonnage that would be shipped. The invitation stated that any
tonnage over the ocount stated would be shipped at the rate of $100 per
ton to bo deducted from the contractor's earnings.

     The Toob a 6 Co., bid in the amcunt of 073,910 for each of schedules
A and C wa3 the low bid. In the space provided for the Indication of
tonnage that would be furnished for shipmn :by the Government, Toombs
tnoerted - 0 -.  The Government ntimate was $125,000 for each of the
two schedules.

     The Board of Awards ruvieod the Toombs 'id and suspected the
possibility'ot an error because of the bid prt.e and the indication that
there would be no tonnage for shipment by the lovnrnxent. Toombs was
requested to verify tha bid price . There vas no indication in the
request for verification that an error was sue cted also because of the
tonnage matter. Toombs verified the bid pricus and an award was made to
It for schedules A and C.

     Subsequently, after the amount of 08,790 for the cost of tonnage
was deductad from the finAl paynont to Toombs under the contract, Toombs
alleged that it made an error when it indicated that there would be no
tonnage for ships ent and requested payment of the $8,790. Such payment
do not result aln any cihge In the contractor's status as low bidder.

     Since it appears from the record that thd'request for verification
prior to award failed to diacloaa to the bidder the complete basis upon

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