B-221808.2, SEP 17, 1986, 86-2 CPD 311
Highlights
CONTRACTS - PROFITS - ANTICIPATED DIGEST: CLAIM FOR REIMBURSEMENT OF LOST PROFITS IS DENIED SINCE THERE IS NO LEGAL BASIS FOR ALLOWING RECOVERY OF LOST PROFITS EVEN IF CLAIMANT WAS WRONGFULLY DENIED AWARD OF A CONTRACT. FINDING THE AIR FORCE SHOULD HAVE ACQUIRED THE SERVICES UNDER PROFESSIONAL'S MANDATORY FEDERAL SUPPLY SCHEDULE CONTRACT. FOUND THAT PROFESSIONAL WAS ENTITLED TO THE COST OF FILING AND PURSUING THE PROTEST. THERE IS NO LEGAL BASIS FOR ALLOWING RECOVERY OF LOST PROFITS. WHERE A BIDDER IS WRONGFULLY DENIED THE AWARD OF A CONTRACT. THE CLAIM IS DENIED.
B-221808.2, SEP 17, 1986, 86-2 CPD 311
CONTRACTS - PROFITS - ANTICIPATED DIGEST: CLAIM FOR REIMBURSEMENT OF LOST PROFITS IS DENIED SINCE THERE IS NO LEGAL BASIS FOR ALLOWING RECOVERY OF LOST PROFITS EVEN IF CLAIMANT WAS WRONGFULLY DENIED AWARD OF A CONTRACT.
PROFESSIONAL CARPET SERVICE-- CLAIM FOR LOST PROFITS:
PROFESSIONAL CARPET SERVICE REQUESTS REIMBURSEMENT FOR LOST PROFITS IN CONNECTION WITH INVITATION FOR BIDS (IFB) NO. F49642-86-B-0142, ISSUED BY THE AIR FORCE FOR REMOVAL AND INSTALLATION OF GOVERNMENT FURNISHED CARPET AT BOLLING AIR FORCE BASE, WASHINGTON, D.C. WE DENY THE CLAIM.
WE SUSTAINED PROFESSIONAL'S PROTEST CONCERNING AWARD OF A CONTRACT UNDER THE IFB, FINDING THE AIR FORCE SHOULD HAVE ACQUIRED THE SERVICES UNDER PROFESSIONAL'S MANDATORY FEDERAL SUPPLY SCHEDULE CONTRACT. PROFESSIONAL CARPET SERVICE, B-221808, APR. 23, 1986, 86-1 CPD PARA. 399. BECAUSE THE CONTRACT AWARDED UNDER THE IFB HAD BEEN SUBSTANTIALLY COMPLETED, WE DID NOT RECOMMEND ANY CORRECTIVE ACTION WITH REGARD TO THE PROCUREMENT. FOUND THAT PROFESSIONAL WAS ENTITLED TO THE COST OF FILING AND PURSUING THE PROTEST, SINCE IT HAD BEEN UNREASONABLY EXCLUDED FROM THE PROCUREMENT. SEE BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.6(E) (1986).
PROFESSIONAL NOW REQUESTS REIMBURSEMENT OF LOST PROFITS IN THE AMOUNT OF $32,753.71. THERE IS NO LEGAL BASIS FOR ALLOWING RECOVERY OF LOST PROFITS, HOWEVER, WHERE A BIDDER IS WRONGFULLY DENIED THE AWARD OF A CONTRACT. INTROL CORP., 64 COMP.GEN. 672 (1985), 85-2 CPD PARA. 35.
THE CLAIM IS DENIED.