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B-185177 1 (1976-08-17)

handle is hein.gao/gaobaddhs0001 and id is 1 raw text is: k F T[F;4 U rrrrf-.M0TIT[-3 WASHINGTON. [D.C. 20'54e FILE: B-185177 DATE: August 17, 1976 MATTER OF: Robert P. Maier, Inc. DIGEST: Prior decision concluding that valid sales contracts were created by telephonic offer and acceptance is affirmed. Facts relied upon in earlier decision are supported by record and conclusions of law have not been shown to be erroneous. Robert P. Maier, Inc. (Maier) requests that our Office reconsider the decision in Robert P. Maier, Inc., B-185177, March 1, 1976. In response to a General Services Administra- tion (GSA) request for an advance decision we held that in the circumstances described, contracts were created by the oral communications between Maier and the Governmcnt. The record indicated that on June 28, 1973, GSA issued a solicitation for offers for the sale of crude natural rubber. Between November 2, 1973, and May 6, 1974, Maier telephonically offered to purchase an aggregate amount of 2,100 long tons of rubber from GSA. A GSA contracting officer accepted the offers by telephone~and recorded the sales in GSA's Daily Record of Rubber Sales. When GSA attempted to obtain performance of the contract, Maier appealed to the GSA Board of Contract Appeals .(GSBCA), contending that no contract existed. By letter of t0 October 23, 1975, the Acting General Counsel of GSA requested our decision on the validity of the subject oral contracts. In our decision, B-185177, March 1, 1976, we concluded that the action by Maier and GSA resulted in a series of oral contracts. The solicitation specified the manner of acceptance as follows: Telephone offers to purchase crude natural rubber will be received and considered each Government business day* * *. - 1 -

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