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B-194215.2 1 (1979-10-26)

handle is hein.gao/gaobadukd0001 and id is 1 raw text is: TH-'-. THE CMPTRO3LLErP GEN~ERAL DECISION 0 F THE UNITED - STATE 8 WASHINGTON, 0. C. 2054 - 7-7-£ - .PZ FILE: B-194215.2 DATE:. October 26, 1979 MATTER OF: Colonial Ford Truck. Sales, Inc. DIGEST: 1. Where agency terminated existing contract in order to award remainder of contract to claimant,'a small business receiving a Certificate of Competency from Small Busi- ness Administration,. agency can only offer four-month-balance of one-year .contract to claimant since-award of full year contract at that point would go beyond original. solicitation.. 2. Anticipated profits are not recoverable against Government, even if claimant is wrongfully denied contract. On February 13, 1979, Colonial Ford Truck Sales, Inc. protested the award to another firm by the Defense Construction Supply Center after the Center determined that Colonial was not a responsible bidder under solic- itation No. DLA700-79-R-7009. As a result of the protest the agency referred the matter of Colonial's'respon- sibility to the Small Business Administration for possible issuance-of-a Certificate of Competency (COC) under the Small Business Act, 15 U.S.C. § 637(b)(7)V, , (Supp. I 1977). We informed Colonial that if a COC. were issued, the agency would terminate the contract previously awarded under the solicitation and make award to Colonial. Colonial informs us that it has received a COC from the SBA and that it has accepted award of the con-. tract for the four-months remaining in the one-year. contract term. Colonial requests that we determine whether the agency acted properly in attempting to force this •company to accept a reduced contract that PUBLISHED DECISION 59 Comp. Gen ........ Z':', ,.i,. : ., T

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