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B-189697 1 (1978-02-01)

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                           THE  COMPTROLLEN UENENAL F
   DUCIUION                O,.  T lmu uralruc   ElATE.
                           WASHINUTON, D. 0         c uaga



   FILE: 5-189697                CvTt:  Vebruery 1, 1978
   MATTEPR OF: Laurence Hall d/b/i Halcyon Days

   DIsWEPT:

   1.  Claimant may not be paid erpenses allegedly
       incurred in preparing to perform tree-planting
       contract because contracting officer did not
       unequivocally express intention to accept claim-
       ant's bid.
  2.   Gv!errLment .. not antopped to deny existence of
       contract 1bease  recotdoen   not show that Govern-
       ment intendid that its t'attements regarding claimant
       relative chances of iwarhj' qhould be acded upon or
     *, that claimant reasonably Lelieved Gvernment'a state
     ments  were  so itended.

     ,Laurence -Hall, doing business as Halcyon Diays, claims
 compensation  for amounts expended under an alleged oral
 award  of a contract under solicitotion No. 40-8191-1-492,
 for -tree planting in Prescott Natibnal Forest, Arizona.
      Bikds for te subject solicitation were opened on
 July  G, 1977. The,low' bid, dbmitted ty Mr.. Hill, was
 approzimatey  $1,000 lower than the Government's estimate
 WIle  Mr. Hill's bid was being considered, Mr. Hall, the
  next 16w bidder, called the contractingofficer to deter-
 mine the status of the nvard decise(n. The record shows
 ~that thie followng matters-were diiEussed during the
 conversation bewteen Mr. -Hall and the 6ntracting officer
 t-he contracting4 officer'told Mr. Hall that he believed
 everythig   woldd be.go in his.direction  sfoee the
r apparent low ,bidder appeared toibe apprehensive about
the  apeiieations   and    Se oiet.Bervice had  iisgivings
about  the 1- quotation.   The' d6ntractin  officer also
told  Hr. Hall to be tinking  abdut a prework conference
wthich would be held the following week i- everything
worked  out in his favor. The contracting off icer stated
that  alihough he thought Mr. Hall would be doing the work
there  were still several hitches' involved.



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