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B-186932 1 (1979-03-22)

handle is hein.gao/gaobadhan0001 and id is 1 raw text is: 



                        THE  COMPTROLLER GENERAL
DECISIONi .     OF THE UNITED STATES
                        WASHINGTON, D.C. 20548


B-1869 32


DATE: Mach 2  JQ7Q


Base Information Systems,     (    ) I Sol
Inc.--Reconsideration         &


-D-IGEST                          7.


       Denial of claim for proposal preparation costs
       is affirmed where claimant offers no new
       evidence and has not established.that prior
       decision resulted from error of law.


       Base Information Systems, Inc. (Base) requests
   reconsideration of our decision in Base Information
   Systems, Inc., B-186932, October 25, 1978, 78-2 CPD
   299 (Base). In that case we denied Base's claim for
   proposal preparation costs in connection with a soli-
   citation, RFP 3-76, issued by the Federal Trade Commission-
   (FTC) for procurement of a word processing and tele-
   communications system. We previously sustained the
   protest underlying Base's claim. See Syima Data Com-
   puting Corporation and Base Information Systems, Inc.,
   56 Comp. Gen. 829 (1977), 77-2 CPD 59. However, the
   claim for proposal preparation costs was denied because
   Base failed to establish that the FTC's action in
   rejecting Base was motivated by caprice or bad faith.

      Base  reiterates its view that the FTC's conduct in
   this matter was arbitrary and capricious. It has offered
   no additional evidence to support its position, but
   asserts that the conclusions of fact and law drawn in
   our previous denial were erroneous. At the outset, Base
   contends that the legal standards applied in reviewing
   the claim are erroneous. Referring to the decision in
   Keco Industries, Inc. v. United States, 203 Ct. Cl.
   566 (1974), Base argues that it is entitled to recover
   its costs if any of the general criteria set out there
   are met.

       We disagree with Base's interpretation of the Keco
  decision.  As the Court has recently indicated in Tide-
  water Management Services, Inc. v. United States, 573


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