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B-190845 1 (1978-06-07)

handle is hein.gao/gaobadgdg0001 and id is 1 raw text is: /.. i? I H 11 ' THU COMPTMCOLLUR ENERAL DCIKION PTHuNITU UaTATL¶E WASHINGTON, fL.C. *054U h -e0;4. \Arc....7 FILE: B-190845 MATTER OF: Deco*Grand DATE: June 7, Inc. DIGEST: 1. Where past procurement history was appoximately 2-3/4 years prior to conteutel contracts and on whole involved purchase .of greatly larger aniounts of items, such history cannot negate fact that where second 1ow bids were approximately 2-1/2 times greater than low bids,on two procurements, con- tractirjg officer was on constructive notice of possibility of error in bids and should have requested verification. Since error and amount of error (failure to include F.E.T.) are ascertainable, claim is allowed. 2. Where third of only one officer was of mistake contract was awarded on basis solicited bid, contracting noton notie of possibility and ciaim is denied. 3. Claim for interest and penalties on account of failure to pay F.E three contracts may not be paidj is not provided for under terms or laws of United States. accrued .T. under as payment of contracts Deco-Grand Inc. appeals the Certi fidte of Settlement, dated November 7, 1977, i4sued by our Division, wherein the claim ot'Deco-Grand for $2,7 (forits payment of Federal Excise Taxes (F.E.T.)) intetest and for $559'.60 (for the penalty paid for timely paying the F.E.T,) was denied. Claims 98.75 plus not The claim arose under Automotive Command contract United Nos. States Army Tank- DAAEO7-73-C-2352, - 1- I____________ K. I - I '44 S. 1978 r'~) -WI FI' r 'I. --k

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