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B-184014 1 (1975-11-03)

handle is hein.gao/gaobadcqa0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 (ao FILE: B-184014 DATE: November 3,1975 MATTER OF: Nevada Fleet Service -7 DIGEST: 1. The fact that a contractor improvidently bid no charge for a substantial number of items in a requirements-type contract provides no basis for questioning the validity of the contract when the contractor was the low, respon- sive bidder, its bid prices were twice confirmed before award and no error therein has been alleged, and it had been determined to be responsible after a preaward survey. 2. Where matter of alleged inadequate number of orders by Government under a requirements contract was considered and resolved by ASBCA in the course of contractor's appeal of default termination, GAO will not consider matter on merits inasmuch as there does not exist another tier of administrative review. S&E Contractors, Inc. v. United States, 406 U.S. 1 (1972). The contractor has requested our legal opinion as to the validity of its defaulted requirements contract F04626-72-C-0020 with the Department of the Air Force, Travis Air Force Base, California, awarded in 1971. The contract was awarded pursuant to invitation for bids F04626-71-B-0783 for washing, corrosion treatment, and interior cleaning of various military aircraft for the period of August 1, 1971 through July 31, 1972. We have been advised by the Air Force that bids were opened on June 25, 1971, evidencing responses from six bidders. Prices ranged from the contractor's low bid of $171,118 to a high of $677,128. The invitation's schedule reportedly contained 41 items, and the contractor is stated to have indicated no charge for 25, thereby alerting the contracting officer to the possibility of a mistake in bid. Of particular concern was the contractor's entry of no charge for a complete corrosion con- trol on C-5 aircraft although it bid a unit price of $80.00 for the same work on the smaller C-141. .4

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