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B-186208 1 (1976-07-06)

handle is hein.gao/gaobaddbp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION * . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-186208 DATE: July 6, 1976 MATTER OF: Van De Hey Track Transport, Inc. 9 V1 DIGEST: 1. Bid submitted in connection with public sale of Government land which was conditioned on the Government releasing portions -of land from mortgage securing loan to bidder when certain percent of mortgage was paid was not in compliance with terms of sale and rendered bid nonresponsive and properly rejected. 2. here both bids submitted in connection with sale of Government land were rejectedhigh bid being rejected for failure to comply with terms of sale, and on subsequent negotiated sale high bidder submits offer exceeding bid price on first solicitation by $32,000 which is accepted by Government, contract amount cannot be reduced since without compensating benefit to United States, its agents and officers have no authority to dispose of money or property of United States, to modify existing contracts, or to surrender or waive contract rights that have vested in Government. Pursuant to the authority granted by 7 U.S.C. § 1985 (1970), and implemented by regulations set forth in Code of Federal Regulations (C.F.R.) title 7, chapter 18, part 1872, subpart C, section 1872.65, the Farmers Home Administration (FmHA) offered for sale to the public a 254-acre track of land in Douglas County, Sutherlin, Oregon, commonly known as the Sutherline Knolls Golf & Recreation Association tract. Two bids for the property were received by FmHA, one for $350,000 submitted by Mazama Timber Products, Inc. (Mazama), and the high bid of $458,197.60 submitted by Van De Hey Track Transport, Inc. (Van De Hey). Van De Hey's bid contained the following condition: Five acres including buildings and access to Highway 138 are to be released from mortgage when $300,000 has been paid toward principle, and the balance of the acreage is to be released in five consecutive, contiguous parcels, each parcel to be released when an additional payment of $2000 per acre has been paid toward the principle. - 1 -

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