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B-199368.3 1 (1982-06-18)

handle is hein.gao/gaobadkkp0001 and id is 1 raw text is: ' . . .- . . V. I THE COMPTROLL.ER GENERAL flECIBION OF THE UNITED STATES WASHINGTON. D. C. 20545 I7 FILE: B-199368.3 DATE: June 18, 1982 MATTER OF: flub Testing Laboratories--Claim for Costs DIGEST: 1. Claim for bid preparation costs is allowed since record establishes that the agency's actions to improperly reject claimant's bid as nonresponsive were arbitrary and capricious, and bid- der would have received award but for the improper agency actions. 2. Legal fees incurred in pursuing a bid protest at GAO are not compensable. 3. No legal basis exists that allows an unsuccessful bidder to recover antici- pated profits. Hub Testing Laboratories (flub) claims reimbursement for $800 in bid preparation expenses it allegedly incurred in competing for a contract under invitation for bids (IFB) No. R6-8-80-22, a total small business set-aside issued by the Department of Agriculture's Forest Service for geotechnical analysis of sediment, soil and rock - samples. In addition, fub claims ?l,500 in leal fees resulting from its protert against the award of the con- tract to another firm, and $a,151 in anticipated lost contract profits. For the following reasons, we allow * flub's claim for bid preparation expenses, but disallow 1/ its other two claims. Background We sustained Hub's protest under the IFB in Hub Test- 9/ ing Laboratories, B-199368, September 18, 1980, 80-2 CPD 204, in which we held that the Forest Service improperly * 1rejected Hub's low bid as nonresponsive. In evaluating Hub's U' bid, the Forest Service determined that its responses to the * *~;IFB were inadequate because they merely resti!ted the IFB's -., : .. . ,.J:, ' , , - . .. .-, - I. : ' . ... . '

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