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B-211228.2 1 (1984-02-22)

handle is hein.gao/gaobadlnv0001 and id is 1 raw text is: ' - t-- THE COMPTROLLER GENERAL DECISION OP THE UNITEO *TATme 4' WASHINGTON, 0 C. 20548 FILE: DATE: February 22, 1984 B-211228.2 MATTER OF: Roan Corporation--Reconsideration DIGEST: 1. Even though procurinq agency improperly rejected protester's bid, prior decision disallowed suc- cessful protester's claim for bid preparation costs on the qround that low bid was ineligible for award due to a price in excess of available funding. Denial of claim is affirmed on recon- sideration. Protester's alleqation that sup- plemental funding miqht have been found to fund award had agency properly found bid to be responsive must be considered to be speculation. 2. Expenses incurred in pursuinq a protest are noncompensable. Roan Corporation (Roan) requests reconsideration of our disallowance of bid preparation costs in Roan Corporation, B-211228, January 25, 1984, 84-1 CPD - Before dis- allowinq Roan's claim, however, our decision also sustained the company's protest aqainst the United States Marshals Service's (Justice) rejection of its low bid because Justice erroneously considered the bid to be materially unbalanced. Nevertheless, we could not award Roan bid preparation costs since Roan's bid exceeded available funding, and the bid could not have been accepted. Roan contends that: (1) Justice would have sought and obtained supplemental fundinq if Roan's bid had not erroneously been considered to be unbalanced; and (2) since our decision was issued after the first year of performance and the exercise of the first option, Roan is effectively denied the benefits of the procurement. Consequently, Roan claims that payment of its bid preparation costs is the only proper means of reim- bursing Roan for the costs of successfully pursuing its protest. These costs, according to Roan's attorney, are not insignificant. We affirm our prior decision.

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