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B-189045 1 (1977-10-04)

handle is hein.gao/gaobadfeb0001 and id is 1 raw text is: THE COMPTROLLER GLhERAL DECISION y . OP THE UNITEO 5vA'rES WASHIN1TON. 0 .C 054a **4 FILE- B-189045 DATE: October 4, 1977 MATTER OF: Harco Inc. - Reconsidcration. DIGEST: 1. Anticipated profits are not recoverable against Government, uven if claimant is wrongfully denied contract. 7. Anticipaced contract salary is not recoverable against Government. Post-bid-opening en:penses are recoverable only where expenses have been incurred and Government would be eutopped to deny existence of contract. In'Harco Inc., 3-189045, August 24, 1977, we held that the Departments of the A'y and Air Force Natiofial Guard Bureau (National Guard) ihould have rejected the bid of Southwestern Contractors, Inc. (Southwestern), as noncesponsive because a prebid telegian from .£outhwestern could hhv2 been reasonably interpreted to Medn that it wa not offer~ng a firm fixed-price contract as required by the 1n4itaticn for bias. However, since Southwestern had reportedly completed more than 50 percent of the contract, we determined chat no aaningful remedial action could be take-. Marco Inc. (Harco) now claims $10,000 in anticipated prodft and $8,OO in anticipated salary. We have consisteAtly held,'that anticipated profits are not recoverable against tbe Government, even if a claimant is wrong- fully denied a contraLct. Robert'Swortzel, B-188764, April 22, 1977, 77-1 CPD 280. Post-bid-opening expenses are recoverable only where the expenses haive buen actually incurred and the Government would be estopped to deny the existence of a contract. The following four elements must be present to prevail on an natoppel theory: 1. the Government must know .ll tta facts; 2. the Government must intend that its conduct shall be acted on or must so act that the bidder has a right to believe that is so intended; - 1-j rI

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