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B-185755 1 (1977-06-03)

handle is hein.gao/gaobadetl0001 and id is 1 raw text is: 









                          DOCUMENT RESUME                                     I

02606 - (A'.652633]

(Claim  for Did Preparation COSts]. B-185755. June 3, 1977. 5 pp.
Decision re: Groton  Piping Corp.; Thames Electric Co.; by Robert
F. Keller, Deputy Comptroller  General.

Issue A ea: Federal  Procurement of Goxds and Services (1900).
Contact: Office of the General Counsel:  Procurement Law I.
Budget Function: General  Government: Other General Government
     (806).
Organization Concerned:  Department of the Navy: Naval Submarine
    Base, New London, CT.
Authority: Federal Tort Claims Act  (28 '.S.C. 2671-2680).                    I
    8-186481  (1976). Keco Industriee, Inc. v. United States, 492
    F.Z!. 1200, 1203 (Ct. Cl. 1974). MCarty  Corp. v. United
    States, 499 F.2d 633,  637 (Ct. C1. 1974). Heyer Products Co.
    v. United States,  140 F. Supp. 409, '412, 135 (1956).
    continental Business tterptises  v.  United States, 452 F.2d
    1016,  1021.

         Two businesses engaged in a joint  venture claimed bid
preparation costs for their bid submitted  in response to an
invitation for bids  (IFB) for utilities improvements at a naval
submarine base. Here negligence by the  procuring activity is not
generally sufficient to  support a claim for bid preparation
costs. The award to a large business, even though  a small
business set-aside provision was inadvertently  included in the
IFS of the protester, was not an arbitrary or  capricious action
to justify a claim for bid preparation costs,  since the evidence
indicates ro intent by the agency to restrict  procurement to
small business, and no set-aside provision was  incldded in the
avardee*s bid. (Author/SC)

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