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B-187969 1 (1977-05-11)

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DOCUMENT PESUNE


02359 - (A1372361]

(Cancellation of Purchase Order], B-187969. May  11, 1977. 5 pp.

Decision re: Lanier Psiness  Products; by Paul C. Doubling  (for
Elmer B. Staats, Comptroller General).

Issue Area: Federal Procurement of Goods and Services  (1900).
Contact: Office of the General Counsel: Procurement Law II.
Budget Function: General Government: Other General Government
    (806).
Organizatiok Concerned: Veterans Administration: VA Hospital,
    Harion, IN; Dictaphone.
Authority: Buy American Act. F.P.R. 1-8.263. 54 Coap. Gen. 196.
    54 Coup. Gen. 202. 29 Coup. 'sen. 36. 52 Coup. Gen. 215. 52
    Coup. Gen. 218. 53 Coup. Gen. 225. John Reiner  Co. v.
    United States, 325 F.2d 438 (Ct. Cl. 1963). B-187101  (1977).
    B-186347 (1976). 5-185495 (1976).


         Contractor submitted a claim for the contract price of
equipment delivered to the procuring agency. The agency tried to
cancel its order subsequtnt to delivery. The cancellation of the
purchase order was improper where the awardee neither knew that
the award was in violation of Government regulations, nor, by
it- action, caused the award to be male. Exhaustion of the
agency's appropriation subsequent to the contract award did not
affect the validity of the contract nor the Government's payment
obligations. (Author/SC)


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