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B-182406 1 (1975-06-03)

handle is hein.gao/gaobadciz0001 and id is 1 raw text is: DECISION FILE: B-182406 THE COMPTROLLER GENERAL OF THE UNITED STATES W ASHINGTON, 0.C. 20546 DATE: June 3,1975 MATTER OF: Damascus Hosiery Mills, Inc. DIGEST: Contractor's claim based on alleged Government mistake in pricing award of labor surplus area set-aside is denied since claimant freely offered the goods to the Government at the allegedly mistaken price and the Government accepted in good faith, thereby vesting in the Government the right to require performance in strict accordance with the con- tract terms. By letter dated April 22, 1974, Damascus Hosiery Mills, Inc. (Damascus), has filed a claim in the amount of $41,787.81 under Defense Personnel Support Center (DPSC), Philadelphia, Pennsylvania, contract No. DSA100-74-C-0009. Claimant alleges that the above- mentioned amount is owed due to an error in the Government's pricing of the labor surplus area set-aside portion of the contract which was awarded to Damascus. The record shows that on April 30, 1973, DPSC issued solici- tation No. DSAl00-73-B-1085 for 3,522,575 pairs of wool, stretch type, cushion sole socks in the following lots: Item number 0001 0002 0003 Destination Mechanicsburg Memphis Richmond Quantity 1,799,630 1,294,440 428,505 Total 3,522,575 In addition, the solicitation included a 50 percent combined small business/labor surplus area set-aside amounting to an additional 428,505 pairs, destination Richmond. Five bids were received and on July 6, 1973, the following awards, all on an f.o.b. destination basis, were made. - 1 -

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