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B-238399 1 (1990-02-12)

handle is hein.gao/gaobadnrk0001 and id is 1 raw text is: I / 0Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Ralph Turnbull--Claim for Costs and Lost Profits File: B-238399 Date: February 12, 1990 Ralph Turnbull, for the claimant. M. Penny Ahearn, Esq., David Ashen, Esq., and John M. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST There is no basis for recovery of bid preparation costs claimed in connection with canceled timber sale where claimant has not protested the propriety of the cancel- lation, since costs will be awarded only in conjunction with decision on the merits of a protest finding improper agency action. DECISION Ralph Turnbull requests reimbursement of his bid preparation costs, lost profits, and other legal and administrative costs, in connection with the Forest Service's cancellation on environmental grounds of the Oak Grove Church Timber Sale in the Mark Twain National Forest, Missouri. We deny the claim. Mr. Turnbull claims that as the apparent high bidder on the canceled sale, he is entitled to recover as damages the costs incurred in preparation for the sale, the anticipated profits he would have received had he been awarded a contract, and administrative and leaal costs he incurred in pursuing this matter with the agency and Congress. The total amount of the claim is $25,525. Our authority to allow recovery of bid preparation costs generally is predicated upon a determination by our Office that a solicitation, proposed award or award of a contract &34rrrZ/ Ho & s3

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