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B-193828 1 (1979-07-03)

handle is hein.gao/gaobadhjh0001 and id is 1 raw text is: 





                         THE  COMPTROLLER GENERAL
 DECISIONI               OF  THE   UNITED STATES
                         WASHINGTON, D.C. 20548



 FILE: B-193828                DATE: July 3, 1979

 MATTER  OF:  Climax Molybdenum Company


 DIEST:

 1.  Where agency's acceptance varies from
     express terms of bidder's offer, no valid
     contract is consummated for sale item.

2.   Agency may not reject high and reasonably
     priced bid for sale item in absence of
     some defect or impropriety in competitive
     bidding process or other justifiable cause.

3.   Agency may not rely on unauthorized award
     for sale item as basis for obtaining money
     from bidder in excess of amount to which
     agency would have been entitled had proper
     award been made.

     Climax Molybdenum Company (CMC) requests modifica-
tion of its contract awarded under invitation for bids
(IFB) No. ORES-255, issued by the General Services   O
Administration (GSA) for the sale of various lots of
tungsten ores and concentrates from the national
stockpile.

     The solicitation, among other things, required
bidders to specify the items desired, including any
alternates, by item number and lot number, and to
specify the quantity and price bid per unit. Two
bids were received and opened on November 28, 1978.
CMC's bid, as amended, per short ton unit (STU) of
tungsten trioxide (W03), was, in pertinent part, as
follows.

                             Unit of
                             Measure     Price Bid
           Item No. Lot No.  (STU-W03)   Per Unit

Group I      989      12     3985.300    $126.11

Group II     992      15     3910.492     126.36

Group III    987       8     3918.750     127.11

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