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B-186248 1 (1976-12-30)

handle is hein.gao/gaobadeii0001 and id is 1 raw text is: Ptu c.f Jt a Ir THN COMPTROLLER WUNERAL One DECUIN . . OP THW UIE'TwO *TATW WAeIMINWYON. D. C. 3054' IAgy9 FILE: 3-186240 DATE: December 30, 1976 MATTER OF: A.R.F. Products, Inc. DIGEST: 1. ClaW for proposal preparation cost on basis that caneAllation of FP was motivated by prejudice againct claimant is denied where claimant has not affirmative- ly proved that decision was not result of reasonable exercise of discretion to program limited funds to another project. 2. Cancellation of RFP due to unavailability of funds is-reasonable exercise of discretion because Anti-Deficiency Statute, 31 U.S.C. 665(a) (1970), prohibit. the obligation of funds in excess of amount appropriated from one p-ogram to another. 3. Procurement officials' actions in not iiiforming offeror, of possible funding probleme while matter of reprogramming was being considered within agency andront iiuing to proceed with the procurement, therhby causing further expenditure of funds by offeirors, was not the cause of claimant, which was in line for award, not receiving award and cannot serve as basis for claim for proposal preparation coots as such action was not arbitrary so as to de- prive claimant c? a fair appraisal of its proposal. 4. Failure to fill out form required byDOD Directive 7250.10, wbich contains internal guidelines for re- programming of funds, is not a viblation of a regu- lation as envisioned by courts to sustain claim for proposal preparation costs. V This decision concernt the claim of A.R.F. Products, Inc. (ARF), that the Naval AvioniesrPacility, Indianapolis, Indiana (Avionics), acted arbitrarily in canceling request for proposals (RFP) N00163-76-R-0282, for electronicall, tuned digital . - 1- 'S*

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