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B-186889 1 (1977-03-03)

handle is hein.gao/gaobadekk0001 and id is 1 raw text is: THE C MPTRILLER UUNURAL OUCIBION OE THE UNITED STATES WAUIN TON. D.C. ROsem PILE: 3-.6889 DATE: Merak 3, 1977 MATTER OF: T. C. Daeuble - Beconsiderstion DIGEST: On reconsideration of prior decision, claiMnt (1w responsive, responsible, bidder under .'operly canceled ml$citation) is not untitled to pos. &id opening * expenses since Governament.iu ant estopped to deny existence of contract because (1) Government was unavare of claimant's intention to incur costs; (2) claimant's reliance on verbal advice 10 weeks prior to expected comaenceent of work was unreasonable; and (3) Government did not know of unsafe worksite - resulting in cancellation at time of verbal advice. Our decision, T. C. Daeufle, 5-186889, Decezb'*r 21, 1976, 7,5-2 CPD 510, denied a claim for bid preparation costs in the amount of $5)8.95 relitive to the cancellation of an invitation forbids (1n). We bAld that: (1) thescancellation based upon a determination to provide a safer wotkaite warn not unreasonable; and'(2) post-bid opening costs and leases are not compensable expensemas bid preparition costs. Counsel for T. C. Daeuble requests.reconsideration of the portion of our decision concern- ing out-of-pocket, post-bid opening expenses. The relevant facts follow. Bids in retponse to IFB No. R6-75-102, issued by the Forest Service, for certain coistruction along, and removal of debris from, the White River, rere opened on June 23, 1975. The claimant was the apparent low bidder. That day, the Forest Service requested that the claimant furniih experience and financial questionaaires to determine its responkibility to perform the required work. The informaitan was foriished that same day. It appears that the Forest Service was satiified with the claimant's financial and technical responsibility and the claimant vas so advised. The claimant states that within 2 days after bid opening Forest Service personnel verbally advised that notice of award would be forth- coming shortly, although none was issued. The claimant notes that the ITS stated that the notice to proceed on the project would be -l1 -

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