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B-185177 1 (1976-03-01)

handle is hein.gao/gaobaddfj0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISIOi _ OF THE UNITED. STATES WASHINGTON, D. C. 20548 f_ %I TEV -00 FILE: B-185177 DATE: March 1, 1976 MATTER OF: Robert P. Maier, Inc. DIGEST: 1. Parties intended to be bound by agency's oral acceptance of offer to purchase rubber where past course of dealing and language of solicitation indicated that execution of written contracts was for purpose of confirming pre- existing agreement. 2. In absence of statute or regulation requiring that government sales contracts be in writing, telephonic offer to purchase stockpile rubber followed by timely telephonic acceptance creates valid and enforceable contract. The General Services Administration (GSA) has submitted for our determination the question whether a series of tele- phonic exchanges between a purchaser and GSA for the purchase of rubber from the national stockpile constituted valid and enforceable contracts with the purchaser, Robert P. Maier, Inc. Pursuant to the authority of the Act of September 2, 1965, Pub. L. No. 89-168, 79 Stat. 647, GSA issued Solicitation of Offers for Crude Natural Rubber PMDS-RUB-1 on June 28, 1973. Part 2(a) of the Instructions to Offerors states: Telephone offers to purchase crude natural rubber will be received and considered each Government business day * * *.' Part 2(d) provides: Each offeror will be advised by telephone of the acceptance or rejection of his offer as early as possible on the date the offer is received. Such telephone acceptance shall constitute notice of award. A confirming sales contract, will be mailed to each Purchaser for its execution and subsequent execution by GSA. (Emphasis added.) On November 2, 1973, March 12, 18, and 27, 1974, and May 6, 1974, Maier telephonically offered to purchase an aggregate -amount of 2,100 long tons of rubber from GSA. By telephone, a 1 PUBLISHED DECISION b5 Comp. Gen ........

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