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B-213401.2 1 (1984-06-19)

handle is hein.gao/gaobadltf0001 and id is 1 raw text is: THE COMPTIROLLEN 0111NERAL OKCISION . .O THE UNITED STATES 4WASHINGTON. 0. C. 20549 FILE: B-213401.2 DATE: June 19, 1984 MATTER OF: Department of the Air Force--Request for Reconsideration DIGEST: 1. GAO withdraws its prior recommendation that an existing contract be terminated for the convenience of the government and a new award made to the successful protester since the contracting agency has established that termination would not be in the government's best inter- est because of prohibitive attendant costs and additional delays affecting project completion. 2. Bid preparation costs may be recovered if the contracting officer's actions were unreasonable or contrary to law or regulation, and precluded the claimant from receiving an award, so that the fact that the contracting officer's actions were taken in good faith is not determinative of the right to reim- buisement. 3. There is no legal basis to pay antici- pated profits to an unsuccessful bid- der. The Department of the Air Force requests reconsid- eration of the recommendation for corrective action in our decision Fischer-White-Rankin Contractors, Inc., B-213401, April 24, 1984, 84-1 CPD 471, in which we sustained a protest against the contracting officer's failure to reject the awardee's bid as ambiguous under invitation for bids (IFB) No. F05600-83-B-0055. We recommended that the Air Force terminate the existing contract with the awardee (Roberts Construction Company) for the convenience of the government, if termination was practicable in terms of attendant costs and the govern- ment's interest in timely project completion, and that a new contract be awarded to the protesting firm (Fischer). 10 ,q 4a 1

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