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B-194193 1 (1979-05-07)

handle is hein.gao/gaobadheu0001 and id is 1 raw text is: 
                         THE COMPTROLLER GENERAL
 DECISION                OF  THE   UNITED STATEB
                         WASHINGTON, D.C. 20548



 FILE: B-194193                DATE: May 7, 1979'

 MATTER  OF:  R.H. Whelan Company


 DIGEST:

     Since each bidder dgides whether it wishes
     to extend its bid, claim for expenses incurred
     incident to extending bid acceptancyjperiod
     is denied.


     R.H. Whelan Co. (Whelan) claims $72,351.11 plus
12 percent interest because of supplies it purchased
in anticipation of receiving an award under IFB FWS-
4-78-106 issued by the Fish and Wildlife Service,
Department of the Interior.

     Whelan was the second low bidder under this
solicitation at $95,986. Prior to awarding the contract
to the low bidder at $54,344, the contracting officer
contacted the bidder and requested that the bid price
be confirmed.  The low bidder confirmed its price and
received the award on September 29, 1978. Subsequently,
the bidder contacted the agency and contended that it
had erroneously computed the price and requested relief.
The agency then contacted Whelan and twice requested ex-
tensions of Whelan's bid acceptance period while the low
bidder's request was being considered by the agency and
our Office.  That request has been denied by our Office
in Department of the Interior, B-194380, April 17, 1979,
79-1 CPD    .

     Whelan does not contend that agency personnel
indicated that it would receive the award if the bid
was extended but maintains that the agency, by requesting
an extension, implied that Whelan would receive the
award. Further, Whelan indicates that it informed the
agency that the extensions required that firm to purchase
supplies in order to maintain its bid price.

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