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B-228065 1 (1987-08-24)

handle is hein.gao/gaobadmus0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Consolidated Devices, Inc. File: B-228065 Date: August 24, 1987 DIGEST Where protester seeks anticipated profits in connection with contracting agency's determination that, although protester's low offer was not received late as the agency had previously stated, termination of substantially performed contract was impracticable, the request is dismissed since anticipated profits may not be recovered even in the presence of error in government action. DECISION Consolidated Devices, Inc. (CDI), seeks anticipated profits it allegedly lost as a result of the rejection of its low offer under request for proposals (RFP) No. N00104-87-R-TU09 issued on a brand-name-or-equal basis by the Department of the Navy for 310 each torque wrenches. In view of the Navy's determination that although initially rejected as late, CDI's offer should have been considered for award, but termination of the substantially completed contract would be impracticable, the protester requests relief in the form of an award to CDI for an equal number of torque wrenches or the firm's potential gross profits on the contract in the amount of $8,125. We dismiss the request. FACTS Offers were received on April 24, 1987, at 11 a.m., as scheduled by solicitation amendment 0001. CDI states that on June 3, it received a letter dated May 21 from the contracting officer stating that CDI's offer was received after the time specified in the solicitation and, therefore, could not be considered. Under cover of letter dated June 10, CDI forwarded to the Navy contracting office a copy of a Sender Activity Summary form from Federal Express (the carrier of CDI's bid) showing that the government ack- nowledged receipt of its offer by signature at 10:27 a.m. on April 24. CDI also subsequently provided the contracting

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