About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-189514 1 (1978-02-17)

handle is hein.gao/gaobadtcx0001 and id is 1 raw text is: 721 ) COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 - B-189514 FEB 1 7 1978 Mr. Kai Kabeiseman Counsel, Defense Logistics Agency Cameron tation Alexand.-ia, Virginia 22314 Dear Mr. Kabelseman: Th is Is in reply to your letter of January 3l4 1978, relative to our decision in Colonial Oil Industries, Inc., B-189514e December 7, 1977, 77-2 CPD 437, You request this Office reconsider the recommendation made therein to resollicit for the requirements awarded to Colonial at an erroneous bid price. You state that prior to our decLsion the solicitation for the new con- tract year beginning April 1, 1978 was issued on November 1, 1977. This calls for proposals to supply approximately IT0O line items for many Government facilities, including the items covered in our decision. You state that an additional procurement for the items discussed in our deci- sion would seriously disrupt your procurement process. On the basis of your advice that an interim award before Apr1 is not possible, no further action is required to effect our recommendation. Your letter correctly observes that the underlying premise to our recommendation of resollc tation was the relative ease with which th.. Colonial contract could be rescinded, It remains our position that whe re award of a requirements contract or Indefinite quantity type contract has been tnade with actual or constructive notice of mistake, rescission and resolicitation ordinarily is the preferred remedy. Ve think it is unfair to other bidders and detrimental to the integrity of the competitive procurement system to retain such a contractor without regard to the standards normally required for correction of mistakes. Wt consider reformation in such circumstances to be the least desirable solution and we would recommend for future cases consideration of possible alternatives such as revival of the otherwise low bid. Sincerely yours, Deputyj Comptroller General of the United States ............~~~::i b-.. . .. . . . .. . . . ....*

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most