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![handle is hein.gao/gaobaddks0001 and id is 1 raw text is: q~ .0 4A
THE COMPTROLLER GENERAL
DECISION . d OF THE UNITED STATES
WASHINGTON, C. 20548
N IT0
FILE: B-183697 DATE: June 11, 1976
MATTER OF: DOT Systems, Inc.
DIGEST:
1. Allegation that contracting agency, acting in bad faith,
fraudulently induced claimant to submit proposal which
it did not intend to fairly and honestly consider is
unsupported on record and therefore speculative.
2. Where proposal submitted for total small business
set-aside procurement explicitly represented that
offeror was both small business concern and non-
profit corporation, question of offeror's eligi-
bility should have been referred to Small Business
Administration.
3. No bidder or offeror not immediately in line for
award has yet recovered its bid or proposal prepa-
ration costs. Moreover, any claimant before GAO
must present argumentation establishing liability
of United States. Even assuming that agency was
arbitrary and capricious in failing to refer ques-
tion of successful offeror's small business status
to Small Business Administration, claim submitted by
offeror sixth in line for award--which fails to pre-
sent argumentation showing why it should be entitled
to recover--is denied.
This decision concerns a claim for proposal preparation and
other costs filed by DOT Systems, Inc., in regard to an award
under request for proposals (RFP) No. NIH-75-P-(62)-142, issued
by the National Institutes of Health, Department of Health,
Education, and Welfare (HEW). The RFP sought support services
for a 3-day workshop entitled Minority and Women Opportunity
and Resource Conference. The procurement was a 100-percent
small business set-aside, and the RFP provided that * * *
[P]roposals received from firms which are not small business
concerns shall be considered nonresponsive.
DOT Systems and 15 other offerors submitted proposals.
After numerical scoring of cost and technical factors, the
proposal of Educational Projects, Inc. (EPI), was rated as most
favorable. A 1-page cover letter included with the EPI pro-
posal stated in part: Educational Projects, Inc. is a non-
profit corporation. Also, the first page of attachment B
to the proposal contained the following information:
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