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B-177716 1 (1973-05-03)

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COMPTROLLER GENERAL OF THE UNITED SrATKS
      0   WASHINGTON. . to


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AM Van & torageCopy
1008 West Main Street
2l Cajon* Califtorna92020


,   MaJPy 3, 1973


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Attention:   r. Thomas S. Oalu  r
           Prosident


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     Reference i made to your telegram dated December 28o 1972,
ad your letter dated Janua r5, 1973, protesting the contract
award to Deitt Transfer & Storage Cupany (DeWitt) and the Oe-
eminent's refusal to accept an afleed no charge bid by Eckert ttL<
Van & Storage Company (Eckert) under IFS) OO&1-73--0022, isaed(it-0
by.the Marine Corps, Purchasing and ContractingOffce, Oceanside,
Csliforia. oC          Q~I~


     hncosed i a copy of our decision of today to Mission Van &
Stone Cop.an denyin3 its protest against the acceptance of the
all or none bid of De tt. Your protest against the award to
Deitt nat a so be denied for the reasons stated in our decision
to mission Van.

     In connection ith ymw protest regarding the withdrawal of an
erroneous bid by Eckert, the record shovs that In each of the bnks
provided for insertina a price under Stoms in Schedule III, Area In,
Eckert placed the wordao no charge under the unit price column ad.
the notation X= in the extended amount colu=n. Also, in the re-
capitulation &pace cokrt placed XC across both unit price and
suxnt columns. The contracting officer questioned this and FAkert
alleged that it did not intend to bid on Sohedule III, Area II.

     As explained in our decision to Mission Vanman individual
award could have been m=de on the basis of low ant bids, unless
the bld wvas other ice qu.lifiod. It seems obvious to urn that a
contractor .?ould not roaconably hwe nLtended to obligate hinelf


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