[Comments on H.R. 3094]

In response to a congressional request, GAO commented on H.R. 3094, a private relief bill which would entitle a firm to lost profits from the wrongful denial of certain Army contracts. In a related protest, GAO had found that: (1) the Army's records did not support its nonresponsibility determination; (2) the protester should have been awarded the contract; and (3) due to the extent of contract performance, contract termination would not be in the best interest of the government. In similar cases where GAO has studied a protest but found it impractical to recommend corrective action, GAO has limited the protester's recovery to bid preparation costs. Since GAO believed that the circumstances in the instant case did not warrant preferential treatment that had not been available to similarly situated bidders, it did not favor the passage of H.R. 3094.