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B-191247 1 (1978-03-09)

handle is hein.gao/gaobadftt0001 and id is 1 raw text is: lb Uli.4 m a THE CSIMPimOLLER GENERAL. DECISION .O Ta U uINPIEN ETATUM WAU NMIN 1CN. 0.C. 30540 PILE: I-19124 MATTER OF: DATE: Mrch 9, 1wo John E. Bauer Where Government surplus property was sold by lot which was misdescribed as including certain missing items, purchaser may recover only purchase price and not mileage and per dies costs incurred by purchiser in connec- tion 1-ith the sale. John E. Bauer has appealed from a disallowance by our Claims Division,, f his claim Eor $366.85 for mile- age and per diem couts incurred in making an unsuccess- ful tripfrom Las Vegas, Nevada to the Defense Property Disposal Office (DPDO), Alameda, California to pick up surplus meierological components and accessories pur- chased under contract No. 41-7223-052, issued by the Defense Property Disposal Region (DPDR) Ogden, Utah. The solicitation incorporated by reference the instructions, terms and conditions in the Sale by Reference pamphlet of December 1975. This pamphlet cautioned bidders to inspect the property prior to submitting a bid and stated that the property was offered 'is is' and 'where is with no warranty as to quantity, quality, weight or description. It fur- ther provided that when property is offered for sale by the lot and notice of loss is made prior to removal of the property, the liability of the Govern- ment shall not exceed refund of the purchase price. Item 158 for which Mt. Bauer's bid was accepted was listed in the solicitation as including meterolog- ical instruments and various apparatus. *The solicitation contained a Guaranteed Descrip- tions clause, the pertinent parts of which provide; K-.. I.. ... ____ * 'U h ph. K I __________________ I ,. .1 4 C.

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