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B-208469.3 1 (1983-12-14)

handle is hein.gao/gaobadllw0001 and id is 1 raw text is: r' THE COMPTROLLER CENEHAL DECISION .-OP THE UNITEO STATED WASHINGTON. D.C. 90548Ui CNITE9 FILE: B-208469.3 DATE: December 14, 1983 MATTER OFbaNeal Construction, Inc. DIQEST: 1. Claim for bid preparation costs is allowed where agency improperly evaluated bids and awarded con- tract to other than lowest priced bidder. 2. There is no legal basis for allowing unsuccessful bidder to recover anticipated profits, even if claimant has been wrongfully denied a contract. 3. Attorneys' fees incurred in pursuing a bid protest are not compensable. DaNeal Construction, Inc. (DaNeal), seeks reimbursement for bid preparation costs it incurred in connection with invitation for bids (IFB) No. R6-3-82-67C issued by the Forest Service, Department of Agriculture (Forest Service). This procurement was the subject of two previous decisions issued by our Office. In our first decision (DaNeal Construction, Inc., B-208469, December 28, 1982, 82-2 CPD 584), we sustained DaNeal's protest on the basis that the Forest Service improperly evaluated DaNeal's bid, which contained a dis- crepancy between the unit price and the extended price for a particular item, by using DaNeal's clearly erroneous unit price rather than the extended price. Thus, the Forest Service evaluation showed DaNeal to be other than the low bidder when, in fact, if the bids had been properly eval- uated, DaNeal would have been low. In our second decision (Forest Service--Request for Reconsideration, B-208469.2, March 14, 1983, 83-1 CPD 247), we dismissed the Forest Service's request for reconsideration as untimely filed. Since the facts were fully set forth in our prior decisions, they will not be restated here. We gave the Forest Service an opportunity to comment upon DaNeal's claim for bid prep- aration costs, but the Forest Service declined to make any comments.

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