B-90081, JUN. 14, 1955

B-90081: Jun 14, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30. WAS BASED. THE MATTER WAS CONSIDERED IN DECISION OF OCTOBER 27. TO THE SECRETARY OF THE ARMY WHEREIN HE WAS ADVISED THAT. THERE WAS NO LEGAL BASIS TO PERMIT YOU TO WITHDRAW THE BID. THE BID WAS ACCEPTED AND YOU ENTERED INTO A FORMAL CONTRACT. FURNISHED THE SUPPLIES AND WERE PAID THE CONTRACT PRICE. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 15. SUCH ACTION WAS SUSTAINED BY DECISIONS TO YOU DATED AUGUST 15. THERE IS NOTHING CONTAINED IN THE PRESENT LETTER THAT WAS NOT FULLY CONSIDERED IN THE PREVIOUS DECISIONS. THERE IS NO BASIS FOR MODIFYING THE ACTION HERETOFORE TAKEN.

B-90081, JUN. 14, 1955

TO TIEDEMANN AND MCMORRAN, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1954, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE ON ACCOUNT OF AN ERROR MADE IN YOUR BID ON WHICH CONTRACT NO. DA-04-493-QM-590, DATED NOVEMBER 8, 1949, WAS BASED.

THE MATTER WAS CONSIDERED IN DECISION OF OCTOBER 27, 1949, TO THE SECRETARY OF THE ARMY WHEREIN HE WAS ADVISED THAT, SINCE THE EVIDENCE DID NOT ESTABLISH THAT AN ERROR HAD BEEN MADE IN THE BID, THERE WAS NO LEGAL BASIS TO PERMIT YOU TO WITHDRAW THE BID. THEREAFTER, THE BID WAS ACCEPTED AND YOU ENTERED INTO A FORMAL CONTRACT, FURNISHED THE SUPPLIES AND WERE PAID THE CONTRACT PRICE. YOU THEN SUBMITTED A CLAIM FOR $4,631.52 REPRESENTING THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE AMOUNT QUOTED BY THE NEXT LOWEST BIDDER FROM WHOM YOU OBTAINED THE SUPPLIES. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 15, 1950, AND SUCH ACTION WAS SUSTAINED BY DECISIONS TO YOU DATED AUGUST 15, 1950, AND MARCH 16, 1951.

THERE IS NOTHING CONTAINED IN THE PRESENT LETTER THAT WAS NOT FULLY CONSIDERED IN THE PREVIOUS DECISIONS. ACCORDINGLY, THERE IS NO BASIS FOR MODIFYING THE ACTION HERETOFORE TAKEN.