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B-182979 1 (1978-03-10)

handle is hein.gao/gaobadftu0001 and id is 1 raw text is: e Andrw fallagher THE COMPT&'OLLEN taWNEIlAL PL 1 DECISION . . OF THE UsETUED STATrE MAUHINOTON. D.C. 3OcaAl 6 FILE: OATE: Mth 101 19T8 B-182979 MATTER OF: Corbette Construction Company of Illinois, Inc. DIGEST: While agency's failure to conduct required written or oral discussiops was arbitrary and capricious, it is not reasonably certain that claimant would have received award but for improper agency action. Claimant's initial proposal was highest rated technically, but price--even considering reductions which allegedly would have been made had discussions been conducted--exceeded statu- tory cost limitation. Also, circumstances of procurement make it difficult to predict what technical or price changes various 6fferors would have made in their beat and final offers. Claim for proposal preparation custs is accord- ingly denied. This is our decition on a claim for proposal preparation costs fined by Corbetta Construction Com- pany of Illinois, Inc. (Corbetta), in connection witr. request for proposals (RFP) No. N62472-72-R-0298, i sued by the Northern Division, Naval Facilities Engineering Command (NAVPAC). The RFP contemplated the award of a contract for the design and construc- tion or a turnkey basis of certain military family housing units. Our Office has issued two prior decisions-con- cearning this procurement. In Corbetta Construction *C-mpany of Illinois, Inc., 55 Comp. Gen. 201 (19731, 75-2 CPD 144, we sustained Corbetta's protest concern- ing NAVPAC's award of a contract to Towne;Realty, Inc., Woerfel Corporation and Miller, Waltz, Diedrich, Architect & Associates, Inc., a joint vinture (Towne), and recommended, among other things, that negotiations be reopened by NAVFAC. In Corbetta Construction Com- pany of Illinois, Inc., 55 Comp. Gen. 972 (1976), 71-1 CPD 240, a reconsideration of the first decision, we withdrew the recommendation for corrective action, but affirmed the first decision in all other respects.

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