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B-194632 1 (1979-05-17)

handle is hein.gao/gaobadhgb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION f OF THE UNITED STATES W/ASHINGTON, 0. C. 2048 FILE: B-194632 DATE:May 17, 1979 MATTER OF: Telectro Systems Corp. DIGEST: 1. Questions concerning termination of contract for default are properly resolved under disputes clause of contract and not Bid Protest Procedures of GAO. However, both our Office and Armed Services Board of Contract Appeals (ASBCA) have held that where termination of contract for default is also subject of claim of mistake in bid, issue of mis- take in bid is not under jurisdiction of ASBCA but is for review by our Office or courts. 2. Denials of claims by Government agencies for relief under Public Law 85-804 will not be reviewed by this Office so far as entitlement to relief provided by cited statute is concerned. However, factual find- ings made in course of considering such claims are not binding in connection with consideration of any other form of remedy and this Office may consider claim as we would any other claim based upon alleged mistake in bid. 3. Contractual relief pursuant to ASPR S 2-406-4(b) is precluded where contracting officer properly satis- fies error detection and verification obligations with regard to apparent mistake in bid pursuant to ASPR § 2-406.3(e), which further requires contracting officer upon verification to consider bid as originally submitted. Nor is alleged mistake mutual where, as here, contract clearly expresses intention of t1e parties. Telectro Systems Core. (Telectro) (eques s t.h.at our Office grant it relief from the denial ofits consolidated ap eals by the Armed Services Board of 4 AC c, Contract App als (ASBCA) on the issues of _the propriety of the-ttermination for de.faultQf -contrac.t No. DSA 900- 75-C-0375 (ASBCA No. 21976) and the assessment of re- procurement costs in the amount of $9,731.66 incurred

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