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B-193056 1 (1979-04-18)

handle is hein.gao/gaobadhdj0001 and id is 1 raw text is: P. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-193056 DATE: April 18, 1979 MATTER OF: Robinson Associates, Inc.-- laim for Bid Preparation Costs7 DIGEST: GAO dismissed protest against contract- ing age.ncy's rejection of low bid as nonresponsive and award to second low bidder because material issues involved were before court of competent jurisdiction. Court subsequently determined that contracting agency's actions were not improper. Claim for bid preparation costs based on argument that agency's actions as described in protest and before court were arbitrary and capricious toward claimant is denied, since court determination is conclusive on propriety of such actions. Request for technical proposals (RFTP) No. DAKFl5-78-B-0010 was issued in January of 1978 by the Department of the Army as the first step of a two-step formally advertised procurement for the preparation of a military option evaluation study of civilian males. The RFTP was modified several times prior to the issuance of the second step on September 1, invitation for bids (IFB) No. DAKFl5-78-B-0010. Robinson Associates, Inc. (Robinson), which had submitted an acceptable technical proposal, was the low bidder under the second step. However, Robinson's bid was rejected as nonresponsive because it was not based on the firm's acceptable technical proposal. Award was made to Chilton Company/Chilton Research Services (Chilton), the second low bidder. Robinson filed a protest in our Office on October 2. Robinson contended that (1) the

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