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113275 1 (1980-01-01)

handle is hein.gao/gaobacurv0001 and id is 1 raw text is: .-LEk 0, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20546 FILE: B-193595 DATE:September 22, 1980 MATTER OF: Prototype Development Associates, Inc.--Reconsideration DIGEST: Decision denying claim fo proposal preparation cost is affirmed where it is conjectural ;ether claimant would have received award. Prototype Development Associates, Inc. (PDA), requests reconsideration of the portion of our decision in Intercontinental Technical Air Coordinators7 Prototype Development Associates, Inc., B-193595, August 22, 1979, 79-2 CPD 143, which denied PDA's claim for proposal preparation costs. PDA's claim was filed in conjunction with its protest after the Army rejected PDA's proposal for the provision of Manned Aircraft Tow Target (MATT) services. PDA failed to demonstrate that its proposed propeller- driven tow aircraft, the Douglas AD-4N Skyraider (AD-4), could meet the speed requirement set out in the request for proposals (RFP). The incumbent/ awardeemet the speed requirement by proposing the use of military surplus jet Ircraft, the Canadair Model T-33, Mark 3 (T-33). Although we sustained PDA's protest, in part, because we believed that the Army had prejudicially-misapplied the RFP's Federal Aviation Administration regulation compliance requirement (FAA requirement), we denied PDA's claim for two reasons: (1) PDA's proposal was properly rejected for failure to meet the speed requirement and was therefore ineligible for.'award; and (2) it was conjectural whether, in the absence of the noted deficiency in the procurement (Army failure to communicate a shift in its intent/interpretation of the FAA requirement), PDA would have received-the award. WCviewed the FAA requirement as being of central importance since itsinterpretation could influence the offeror's choice of aircraft (AD-4 v. T-33). PDA's interpretation of the FAA requirement precluded its consideration of the T-33 which met the speed requirement.

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