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B-236450 1 (1990-05-01)

handle is hein.gao/gaobadnsw0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Claim of Primary Marketing Systems, Inc. File: B-236450 Date: May 1, 1990 DIGEST Where contracting agency reproduced in its own solicitation specifications drafted by the claimant without that firm's prior approval, claimant is entitled, on a quantum valebant basis, to the reasonable value of those services to the government. DECISION Primary Marketing Systems, Inc., requests that the General Accounting Office review the Department of the Navy's denial of its claim for consulting fees in connection with request for quotations (RFQ) No. N00612-89-Q-KDZ8, for a signage system to display menu items and their caloric contents aboard the U.S.S. Canopus. The claimant alleges that the government reproduced specifications in the RFQ that were written by Primary. as a consequence of its reliance on a naval non-commissioned officer's repeated requests and in anticipation of an eventual contract award, and that the agency has failed to compensate it for the expenses it incurred in drafting these specifications. The claim is allowed. Although the parties dispute some of the facts, the record reflects the following. The commander of the U.S.S. Canopus desired a signage system for the galley aboard ship and requested that his senior chief examine the alternatives. The senior chief initially contacted Trans-lux, since he had seen its brochure, and requested additional information. Trans-lux contacted the claimant, apparently its area dealer, to handle the request. Primary then called the senior chief to discuss the needs of the Navy, and the senior chief invited the president of the company to meet with him on board the U.S.S. Canopus to examine the area and 0~~L/u-/~

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