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B-183599 1 (1975-11-28)

handle is hein.gao/gaobadcre0001 and id is 1 raw text is: 


                 L           THE   COMPTROLLER GENERAL
~DECISION             -/)OF THE UNITED STATES
                             WASHINGTON. D. C. 20546




 FILE:  B-183599                    DATE:November  28,1975

 MATTER   OF:       Park Services, Inc.


 DIGEST:

     Prior decision denying rescission of contract is affirmed
     where request for reconsideration does not show that deci-
     sion involved any mistake of relevant fact or law warranting
     its reversal or modification, and reasons cited as bases for
     reconsideration were either matters related to contract per-
     formance or they are irrelevant to issues initially raised.


     By letter.dated September 4, 1975, Park Services, Inc. (Park),
requests that our decision, Park Services Inc., B-183599, May 8, 1975,
be reconsidered.

     The decision denied Park's request for rescission of its con-
tract awarded tinder invitation for bids (IFB) No. DACW56-75-B-0024
issued by the United States Army Corpsof Engineers, Tulsa District,
Tulsa, Oklahoma, for cleaning services at Denison Dam, Lake Texoma,
Oklahoma and Texas.

     Rescission was sought due to Park's alleged discovery after
award of a mistake in its bid. The record shows that the Park bid
was $48,742 below the next higher bid at the December 18, 1974, bid
opening.  The company's president was advised of the disparity in
bids and requested to review Park's bid for a possible mistake.
Park's president initially stated that he was willing to bid some-
what low so that he might have an opportunity to expand his opera-
tion into the Tulsa District. Nevertheless, he agreed to check
the bid and confirm it in writing. By letter dated December 20, 1974,
Park verified the bid as submitted. Prior to award, the president
and another Park representative visited the project on January 2, 1975,
and also indicated to the Resident Engineer, Denison Dam, that they.
would perform the contract in accordance with the specifications for
the amount bid.  Since Park was determined to be a responsible bidder,
the firm was awarded contract No. DACW56-75-C-0079 on January 3, 1975.
Under the aforementioned circumstances our decision concluded that
there was no legal basis to authorize rescission of the contract. We
found that the contract price was not unconscionable and award had
been made at an amount for which the Government was not obviously
getting something for nothing.


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