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B-195753 1 (1981-12-08)

handle is hein.gao/gaobadjxm0001 and id is 1 raw text is: 

         /                  Cf&a2IN              Fc .   c  !       '::AdI

                                        , THE COMPTROLLER GENERAI.
                  DECISION                O F THE UNITED 8 TATEIV
                                          WABHINGTON,       ,., 2054 8



                  FILE: B-195753                DATrE; December 8, 1981

                  MATTER OF: Wall Irrigation Service

                  DIGEST:

                  It  Claim for money damages arising out of
                      agency cancellation of post-Jardh 1,
                      1979, contract on basis that award
                      was erroneous is for resolution under
                      Contract Disputes Act of 1978 and,
                      therefore, cannot be considered by
                      GAO,

                 2.    O will not review procedures leading
                      to award of contract to the terminated
                      contractor where claimant has not
                      requested review and there is no
                      possibility of corrective action by
                      way of reinstating termtnated con-
                      tract since contract requirement has
                      been fully performed9

                      Wall Irrigation Service (Wall) has submitted a
                 claim concerning the cancellation of contract Not 14-
                 16-0006-79-071, for well rebabilitation at the Hastings
                 Wetland Management District, issued by the Department
                 of the Interior, Fish and Wildlife Service (Interior).
 4
                      Interior issued a notice of award of the contract
   .             to Wall by letter. Subsequent to the award, Interior
                 forwarded the bid to its solicitor's office for review.
                 The solicitor found that a note in Wall's bid qualified
                 the bid rendering it nonresponsive and recommended
                 that the contract be canceled. Based on the solicitor's
                 recommendation, Interior notified Wall by letter that
                 the well rehabilitation contract was terminated as an
                 erroneous award. The award was then made to the next
                 lowest bidder and the contract has been fully performed.
                 Wall submitted an itemized list of damages totaling
,                $4,078 which it contends it has incurred because of the
                 cancellation. Wall contends that these costs were
 p I             inburred because of Interior's delay both in discovering
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