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B-190865 1 (1978-02-01)

handle is hein.gao/gaobadfra0001 and id is 1 raw text is: 3.THE COMPTROLLIE GElNERAL. DElISION .:2 r. T H u NI a s TAr ES FILE: s-190 DATE: Fetns r7 1, 1.78 IAHrER OF: Security Systems, Inc. DIGEBT: GAO has no jurisdiction to review denial %y agency of claim for extraordinary con- trertual relief under Public Law 85-804 requested by contractor who contends that he was misled by agency personnel into believing that Service Contract Act '½gerates did not apply to, its guard service contracts. There were no other grounds for relief since solicitation con- tained valid Selrice Coantract Act wage determinaiion and clearly indicated that act was applicable. Moreover, Government is not responsible, in absence of statutory provision, for malfeasance, misfeasance, negligence or omission of duty of its agents or employees. By letter drted December 5, 1977, counsel for Security Systems Inc. (SSI), requested our Office to review a denial by the Corps of Engineers of a claim by SSI under Public La., 85*-804, According to SSI's counsel, the claim arose as a result of the following chaib of events. SSI entered into a contract with Ehe Corps of Engfneers, Buffalo District Office, to provide guard services at the Corps of Engineirs Civil Works facilities in Cleveland, Ohio, for the period July 1, 1975, to JUne.30,. 1976. This cintract was extended for a period of 3 months through September 30, 1976. A second contract was entered into for the period October 1, 1976, to September 30, 1977. Due to a misunderstanding concerning the applicability of the 1)-1-

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