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Claim for Bid Preparation Costs

B-199368.3: Jun 18, 1982

A firm claimed reimbursement for bid preparation expenses it allegedly incurred in competing for a Forest Service contract for geotechnical analysis of sediment, soil, and rock samples. In addition, the firm submitted claims for legal fees resulting from its protest against the contract award to another firm and for anticipated lost contract profits. In a prior decision, GAO had sustained the firm...

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B-199368.3, JUN 18, 1982

B-199368.3: Jun 18, 1982

CLAIM FOR BID PREPARATION COSTS IS ALLOWED SINCE RECORD ESTABLISHES THAT THE AGENCY'S ACTIONS TO IMPROPERLY REJECT CLAIMANT'S BID AS NONRESPONSIVE WERE ARBITRARY AND CAPRICIOUS. BIDDER WOULD HAVE RECEIVED AWARD BUT FOR THE IMPROPER AGENCY ACTIONS. 2. LEGAL FEES INCURRED IN PURSUING A BID PROTEST AT GAO ARE NOT COMPENSABLE. 3. THE FOREST SERVICE DETERMINED THAT ITS RESPONSES TO THE IFB WERE INADEQU...

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