Claim for Expenses Incurred Incident to Extending Bid Acceptance

R. H. Whelan Co. claimed reimbursement plus interest for supplies purchased in anticipation of receiving a contract award from the U.S. Fish and Wildlife Service. Whelan was the second low bidder for the contract, but the low bidder's offer was so low that Fish and Wildlife officials twice requested that Whelan extend its bid in case doubts involving the low bid could not be allayed. Although Whelan acknowledged that the contracting agency did not promise it the contract, it contended that the extension requests implied that Whelan would receive the award and that it had notified Fish and Wildlife officials of the necessity of purchasing supplies in order to preserve its bid price. While contracting officers may permit bidders to extend their acceptance periods as long as they wish, the Government has no right to a bid extension; it is wholly up to the discretion of the bidder to agree to it. Nor does a request for extension imply acceptance of a bid. Therefore, GAO found no merit in the claim that Whelan should be reimbursed for expenses incurred as a result of its decision to extend its bid, and the claim was rejected.