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B-189045 1 (1979-01-26)

handle is hein.gao/gaobadgwf0001 and id is 1 raw text is: STHE COMPTROLLER E RAT DECISION . CFTHE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-189045 DATE: January 26, 1979 MATTER OF: Harco Inc. laim for Legal Fees and Bid Preparation costs DIGEST: 1. Cost of pursuing protest is not recoverable .gainst Government. 2. Legal expenses incurred in connection with claim against Government are not recoverable unless authorized by statute or contract provision. 3. Contracting officer should have considered reasonable alternate intertretation of low bidder's prebid-opening telegram which made its bid nonresponsive. However, since con- tracting officer's failure to do so was not arbitrary or capricious and award to low bidder was not made in bad faith, claim fo bid preparation costs is denied. In Harco Inc., B- 9045, August 24, 1977, 77-2 CPD 144, we held that the low bid should have been rejected as nonresponsive because a prebid-opening telegram from the low bidder was subject to two reasonable interpretations. Under one interpretation, it would have been responsive but, under (the other, it would have been nonresponsive for failinq to offer a firm fixed-price contract as required by invitation for bids DAHA34-77-B-0006, issued-by the Oklahoma National Guard. However, since the low bidder has reportedly completed more than 50 percent of the contract, we determined that no meaningful remedial action could be taken. Harco Inc. (Harco) subseciuentlv submitted a claim for lost profit and anticipated salary. We denied the claim, citing decisions of our Office holding that lost profit is not recoverable against the Government V Y-

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