B-134019, APR. 23, 1958

INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. AMONG THE REFERRED-TO ENCLOSURES IS A COPY OF LETTER DATED DECEMBER 3. SETTING FORTH CERTAIN CONTENTIONS PURPORTING TO SHOW THAT UNDER THE ATTENDING FACTS AND APPLICABLE LAW THE PROCUREMENT AGENCY WAS WITHOUT JUSTIFICATION IN CHARGING YOU WITH THE EXCESS COSTS INCURRED BY THE GOVERNMENT IN OBTAINING THE INVOLVED EQUIPMENT FROM ANOTHER SOURCE DUE TO YOUR REFUSAL TO PERFORM. IT IS CONTENDED BY YOUR ATTORNEY. THAT YOUR BID WAS PREPARED IN ERROR WHICH WAS MADE KNOWN TO THE CONTRACTING OFFICER PRIOR TO AWARD AND THEREFORE NO BINDING CONTRACT WAS LEGALLY CONSUMMATED. IT IS FURTHER ALLEGED THEREIN THAT EVEN IF A BINDING CONTRACT HAD BEEN ACCOMPLISHED THE GOVERNMENT FAILED TO AFFORD YOU THE OPPORTUNITY TO PROCURE THE EQUIPMENT FROM A SOURCE OTHER THAN YOUR CONTEMPLATED SUPPLIER.