B-89019 19540531

B-89019: Apr 29, 1968

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Requesting an advance decision as to whether 1949 fiscal year funds may be obligated on a replacement contract to the extant that such funds were obligated under contract No. It is explained that the question arises as a result of decision of this office dated January 18. Wherein it was held that. Which error apparently was noted by the contracting officer prior to award. You are advised that. The question presented for decision is answered in the affirmative.

B-89019 19540531

The Honorable The Secretary of the Army

My dear Mr. Secretary:

There has been received a letter dated March 22, 1950, from The Assistant Secretary of the army, requesting an advance decision as to whether 1949 fiscal year funds may be obligated on a replacement contract to the extant that such funds were obligated under contract No. W 36-039 se-45651 dated May 3, 1949, with American Radio Hardware Company, Incorporated, it is explained that the question arises as a result of decision of this office dated January 18, 1950, B-89019, wherein it was held that, since an error had been made in the bid forming the basis if the original contract, which error apparently was noted by the contracting officer prior to award, the contract should be cancelled without obligation to the American Radio Hardware Company.

In view of the circumstances leading to the execution and subsequent cancellation of the above-mentioned contract, as related in detail in the decision of January 18, 1950, you are advised that, as to this particular case, the question presented for decision is answered in the affirmative.

Sincerely yours,

(Signed) Frank L. Yates Acting Comptroller General of the United States