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B-187593 1 (1978-06-26)

handle is hein.gao/gaobadgdv0001 and id is 1 raw text is: 
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DECISION (.('tt .


B-187593


FILE:


MATTER


OF:
    G'S, Inc.


DIGEST:
     1.  Ao\Air Force had no authbrity to make
         express contract to purchase contractor's
         suggestion that par's previously obtained
         on sole-source basis be procured compet.-
         tively, there could be no implied-in-fact
         contract to accomplish same, purpose, and
         claim for quantum meruit -recovery--on basis
         that contractor provided benefit to Air Force
         and Air Force implicitly ratified trars-
         action--is denied.

     2.  Where Air Force repeatedly.advised coutractor
         that its putported Value Engineering Change
         Proposal,(VECP) was rejected--VECP essentially
         amounting to suggestion that certain par s be
         procured competitively rather than scle source--
         Air Forcw's conduct in initiating competitive
         procurement for Darts did not impliedly riodify
         contractor's corract  to include Value Enqineer-
         ing Incentive clause, not does equitable
         estoppel apply against Government in circum-
         stances. Claim for share of savings resulting
         from competitive procurement is deaied.


     This
concerning
Ogden Air


is our decision on a claim by GKS, Inc.
contract  No. F42600-76-C-0249 awarded
Logistics Center, Hill Air Force Base,


1
by the
U t-a h.


Background


     The contract, awarded to GKS in July 1955, was
for the supply of a quantity of parts k1its. Elght com-
ponent items of the kits were Government-Furnishcd
Material (GFI) and were being obtained by the Air Force
from National Waterlift Company. On October 6, 1975,
the Air Force issued request for proposals (REP)


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THE  CCJMPTROLLER OWNERAL.
CF  THE   UNITED BTATaS
WA~DINGTON D..une  54C



      DATE.-June 26, 31973 '


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