B-180573(2), JUN 19, 1974

B-180573(2): Jun 19, 1974

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SECRETARY: THIS IS IN REFERENCE TO THE REPORT DATED MARCH 20. ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE MATTER RECOMMENDING THAT THE CONTRACT BE REFORMED TO INCREASE THE CONTRACT PRICE TO AN AMOUNT NOT TO EXCEED THE NEXT LOW RESPONSIBLE BIDDER. REFERENCE SHOULD BE MADE TO THIS DECISION IN THE VOUCHER ON WHICH SUCH PAYMENT IS MADE.

B-180573(2), JUN 19, 1974

PRECIS-UNAVAILABLE

TO MR. SECRETARY:

THIS IS IN REFERENCE TO THE REPORT DATED MARCH 20, 1974, SUBMITTED BY THE GENERAL COUNSEL, OFFICE OF THE CHIEF OF ENGINEERS COMMENTING ON THE REQUEST FOR RELIEF BY YANKEE ENGINEERING COMPANY, INC., UNDER CONTRACT NO. DACW87-73-C-9007.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE MATTER RECOMMENDING THAT THE CONTRACT BE REFORMED TO INCREASE THE CONTRACT PRICE TO AN AMOUNT NOT TO EXCEED THE NEXT LOW RESPONSIBLE BIDDER. SINCE THE RECORD BEFORE OUR OFFICE DID NOT PROVIDE A SUFFICIENT BASIS TO FIX THE MAXIMUM AMOUNT OF THE PRICE ADJUSTMENT AND YANKEE FAILED TO PROVE ITS INTENDED BID PRICE, WE RECOMMEND THAT NEGOTIATIONS BE UNDERTAKEN WITH YANKEE TO ARRIVE AT A MUTUALLY ACCEPTABLE QUANTUM OF RELIEF. REFERENCE SHOULD BE MADE TO THIS DECISION IN THE VOUCHER ON WHICH SUCH PAYMENT IS MADE.