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![handle is hein.gao/gaobadeqt0001 and id is 1 raw text is:
DOCUNENT RESUME
02367 - [A1432422]
(Agency's Loss of Proposal after ReceLpt but Prier to
Evaluation] .. -188387. May 16, 1977. 3 pp.
Decislon re: Morgan Biciness Associates; by Robert F. Fsl1er,
Acting Comptroller General.
Issue Area: Federal Procurement of Goods and Services (1900).
Contact: Office of the General Counsel: Procurement Law II.
Budget Function: General Government: Other General Government
(806).
Organizaticn Concerned: Energy Research and Development
Administration.
Authority: B-187419 (1977). 8-183739 (1975). The Hcarty Corp.
v. United States, 499 r.2d 633, 631 (Ct. C1. 1974). Keco
Industries, Inc. v. United States, 482 7.24 1233, 1240 (Ct.
Cl. 1970). Heytr Products Co., Inc. v. United States, 140 P.
Supp. 409 (Ct. CL. 1956). Keco Industries, Inc. v. Uited
States, 492 F.24 1200, 1202 (Ct. Cl. 1974). 57 Am. Jur. 2d
Negligence, sec. 99.
The claimant requested proposal preparation costs
resultina from the agency's loss of its proposal submitted in
response to a request for proposals. In the absence of evidence
indicating gross negligence or willful action, the agency's loss
of the proposal after receipt but before evaluation did not
entitle the offeror to proposal preparation expenses. Further,
such expenses may be recovered only where it is shown that
arbitrary Government action precluded the offeror from an award
to which it was otherwise entitled. (Author/SC)](ViewImageLocal?handle=hein.gao/gaobadeqt0001&div=1&collection=&method=preview&ext=.png&size=3)