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B-189320 1 (1978-07-21)

handle is hein.gao/gaobadgfp0001 and id is 1 raw text is: I I THE COMPTROLLER GENERAL DECISION . Z 3 j. OF THE UNITED ISTATES W ASMHINGTON. D.C. 20548 FILE: 8-189320 A7E: July 21, '978 MAlE-RA OF: Tompkins & Company DIGEST: Claim for proposal preparation costs and anticipated profits for partial cancellat'on of solicitation for emergency flood debris removal is denied because cancellation was reasonable where lowest offer exceeded reasonable guideline. Anticipated profits are not recoverable in any event.. Given exigencies of situation, refusal to consider claimant's later offer to perform for amount ejual to guideline was not unreasonable sincL it would have required discussion with all competitive offerors. Tompkins & Company (Tompkins) claims proposal preparation costs and anticipated profits incident to the partial cancellation of a request for proposals (RFP) issued by the Corps of Engineers. The solicitation involved here was issued on April 23, 1977, seeking proposals for emergency flood debris removal from 13 separate areas in Pike County, Kentucky. The contracting officer determined prior to the opening of proposals that $7 per cubic yard was a reasonable rate for these services and that no offer in excess of that amount would be accepted. Tompkins was the low offeror for areas 1, 2, and 3 at $8.90/ cubic yard. The contracting officer determined Tompkins' offer to be unreasonable and ,anceled the solicitation for areas 1, 2, and 3. Within hours of opening proposals Tompkins offered to reduce its price to $7/cubic yard; this offer was rejected. No awards were made under the canceled parts of the solicitation. The work in these areas was performed by modification to existing letter contracts with local contractors already per- forming in these three areas. Tompkins claims its out- of-pocket expenses and anticipated profits incident to the contracting officer's cancellation of the solicitation for areas 1, 2, and 3. I

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