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B-184476 1 (1975-11-18)

handle is hein.gao/gaobadcso0001 and id is 1 raw text is: * 0. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20549 FILE: B-184476 DATE: November 18, 1975 MATTER OF: Machinery Associates, Inc. DIGEST: 1. Protester's claim for loss of anticipated profits and expenses incurred in protesting award to another bidder is denied, since unsuccessful bidder is not entitled to reimbursement for anticipated profits and no basis exists for payment of protest expenses. Further,-whiie bid-pre- paration costs may be allowed where bid is not fairly considered because of bad faith or illegal action on part of Government procurement personnel, record establishes that contracting officer acted legally and in good faith in awarding contract to firm other than protester. 2. Although GAO normally would recommend that contract awarded on basis of other than agency's minimum needs be terminated for convenience of the Government, completed delivery under contract precludes such action. However, it is recommended to agency that greater care be taken in drafting specifica- tions that reflect Government's actual minimum needs. The protesting concern has objected to the Department of the Navy's actions in awarding a contract to the Mattison Machine Works rather than to the protester and then modifying the specifi- cations to permit delivery of an item which did not meet the original specifications. The protester requests $20,000 as com- pensation for the loss of anticipated profits and for various administrative expenses incurred in protesting the agency's actions. Contract N00600-75-C-0546 was awarded by the Naval Regional Procurement Office, Washington Navy Yard, to Mattison Machine Works, effective December 13, 1974. The contract required the delivery of a Rotary Surface Grinding Machine in accordance with contract specifications, and was awarded at Mattison's total bid price of $100,220. The protester, the only other bidder, bid $105,043. Prior to award, the.protester questioned whether Mattison would furnish a grinder in compliance with the following specifi- cation provision: - -1 -

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