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p1cu1asa&. eOP TUE UNITS STATUS
WAUMINSTON. C. C. 80U45
PIL.W: 185544
MATT!R OF
DATE: Morc as, 19
WilIam F. Wilka, Inc.
CDIG lST:
1. By acceptltag bid submitted- 4 stautes after time desIgnated
as bid opming tm, bid openirg officer's action exceeded
authority and amount of discretion atrusted by statute and
regWlatlon without reuom=ale basis ad can be considered
arbitrary and eapricgous. ._jSince.1ste bid was low hid and
contract was warded to lte bidder, otherwise law, r.epc-
staa reiponsibie bidItr :I entitled, to bid preparation
csats. Damelusion is coilered to be coaslstent with court's
disuassion'in ia _8Mtrig iIgg. v. UMited 8tate. 492
F.2d 1200 (Ct. C1. 1974), indofar as came involved favritism
toward amtber rather than misreading or misevaluation of
claimant' bid.
2. Since amunt of com stio for bid preparation costs due
Iiant is in dispute and claimani has not submitted
adequate substantiating Cocumentatior to establishji&utium
of laim,(there is no baii at this time to determine proper
amount of compeasatio.' Therefore,.it is requeited that
scessary documentation be submiitted tc agency in eff6rt to
reach agreemtia on quanta If agreemt is not reached,
matter should be returned to GAD for furtheironsideration.
William F._ ilke,,Inc. (Wilke), claims bid preparation costs
in the amount of $23,434 i,-'zive to bids submitted in response to
inyitetions for bids (IF's) 'for barracks rehabilitiion at
Fort GeorgeG. Heada, hryland. . Wilkedid not protest the failure
:reciteive'ny wa rd detke IfB'c her but souAi injuni yfive
!d detk1sxiorjrelief n eu Fedral courts. -Wilia P. Nik,
De artmentof the Ady, 357 1. Sup. 988 (D.Md. 1973),
affirmd, 485 P.2d 180 (4th Cir. 1973). These court.decisions
and the submissiona of the parties to cur office provide the
record upon which this decision is based and the facts are
undisputed.
A threshold question is whether we will consider Wilke's
claim in view of our recent decision in DWC Leasing Ccmpany,
5-186481, November 12, 1976, 76-2 CPD 404. There, we held that
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