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B-194144 1 (1979-07-31)

handle is hein.gao/gaobadhlq0001 and id is 1 raw text is: o1,LEk 4 ooTHE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-194144 DATE: July 31, 1979 MATTER OF: Stott Briquet Compan , Inc., A Division of Lakehead Industries DIGEST: 1. LCancellation of contract awarded.to other than low bidder due to application of erroneous freig t rate to low bidder's bid by Government is not appropriate where Government's error was not due to any action of awardee and awardee was not on notice of such error, since such award is not plainly or palpably illegal. 2. Termination of contract for convenience of Government is recommended since there is no urgent need for delivery of remaining quantity (70 percent of contract amount) and cost of termination to Government does not outweigh interest of protecting integ- rity of competitive system. Remaining quantity should be awarded to protester. Stott Briquet Company, Inc., A Division of Lakehead Industries (Stott) has protested the award of a contract to Husky Industries, Inc. (Husky), by the General Services Administration (GSA) for a quantity of briquettes under invitation for bids (IFB) No. 10PN-HMD-6653. Stott maintains that it rather than Husky was the low bidder, In this regard Stott asserts that GSA applied the wrong freight rates to its bid of $43,496.25 and that if properly evaluated its bid would have been $52,111.50, not $63,341.25 as it was initially evaluated. (Husky's bid was evaluated at $57,364.50--base bid of $48,562.50 plus freight rate evaluation factor of $8,802.) GSA acknowledges that obt-a-s the low bidder xERT should have been awarded the contract.) GSA states that when evaluating Stott's F.O.B. origin

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