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B-212775.3 1 (1984-04-09)

handle is hein.gao/gaobadlqg0001 and id is 1 raw text is: THE COMPTROLLEN GENERAL ODCISION .6 .oP THE UNITED STATUE lb WASHINGTON. O.0. 2064U PILE. B-212775.3 OATE: April 9, 1984 MATTER OF: Richard Roffman Cornoration DIGEST: 1. An unsuccessful bidder is not entitled to anticipated profits even if the firm should have been awarded the contract. 2. An unsuccessful bidder is entitled to reim- bursement for its bid preparation costs where the agency acted in an arbitrary and capri- cious manner with respect to the claimant's bid, and the bidder otherwise would have been awarded the contract. Richard Hoffman Corporation has submitted a claim for anticipated profits and bid preparation costs as a conse- quence of a bid protest that we sustained in its favor in our decision B-212775.2, December 7, 1983j 83-2 CPD 656. The protest arose from the cancellation of invitation for bids (IFB) DACA27-83-B-0047, and the resolicitation (IFB DACA27-83-B-0103) and award of a contract by the Corps of Engineers for the desiqn and construction of a metal building to house the MISO Computer Facility at Fort Sheridan, Illinois. We deny the claim for anticipated profits, and we allow the claim for bid preparation costs. In the original protest, Hoffman maintained that it was the low responsive bidder under solicitation -0047, which the Corps canceled after determining that the bid schedule was ambiguous and had confused offerors, including Hoffman. The schedule provided spaces to price two items of work and a space for a total, and the Corps anticipated that a bidder would allocate the total between the two item prices. Several bidders, however, reasonably did not read the two line items as covering all the work to be done, so that their totals exceeded the sums of the line item

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