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B-195729 1 (1980-11-06)

handle is hein.gao/gaobadirg0001 and id is 1 raw text is: * THE COIPTROLLER GENERAL DECISION ..OF THE UNITED STATEB WAS H IN GTO N D O .C . 2054 8 LINITO FILE: B-195729 DATE: November 6, 1980 MATTER OF: Cummings Brothers Electric Company, Inc. DIGEST: LRequest for rescission of contract due to contractor's alleged duress in execution of contract (to avoid forfeiture of bid bond) is denied where record shows that agency made lawful award under solicita- tion's award provisions. This is a claim by Cummings Brothers Electric Company, Inc. for rescission of a contract awarded Cummings by the Department of the Air Force under iqvitation for bids (IFB) No. F31601-79-B-0006, issued by Pope Air Force Base, North Carolina. Cummings bases its request in essence on a theory of duress, alleging that the contracting officer improperly deleted two work items from Cummings' award for which the Air Force purportedly had sufficient funding; as a consequence, Cummings states that it accepted the contract only to avoid forfeiture of its bid bond. For. the reasons set forth below, we conclude that the record fails to provide a basis upon which to authorize the requested relief. The IFB's bidding schedule provided for the quotation of prices on a basic bid item and each of six additive bid items, and specified that award would be made 'in accordance with Provision No. 17 of the IFB, setting forth the standard Additive and Deductive Items '(1968 Apr.) clause of the Defense Acquisition Regulation (DAR). Prior to the opening of bids, the contracting officer stated that funds were available for the project in the amount of $550,000. When bids were received and opened, Cummings submitted the low bid of $522,720 on the basis of the base bid and all six additives'. Accordingly, a contract was prepared for the award of the base bid and ~~~ -\7Q

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