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B-202766,B-203351 1 (1982-08-12)

handle is hein.gao/gaobadkob0001 and id is 1 raw text is: - 1 .1 I LI '~Jp.. ~ * - . - . - . - - - - SW -~.s - - - L.. ~ .cSabsJtAA.flS...an.-...b. -aaA - ..a.4 u.5L.4 NT . ~ 11111I46 DECISION THVe COMPTRO-LER GENEfAL LiF YHE UNITEID STATM6 WASHINGTON, D.C. 20.540 B-2027661 B-203351 DATE:August 12, 1982 MATTER OF: McQuiston Associates - Claim for Proposal Preparation Costs CIGIES T: 1. Clai.m for proposal preparation costs will not be considered since claim ibi based on agency action which claimant did not protest, and GAO will not permit circumvention of thiieliness rules of Bid Protest Procedures by considering claim for proposal preparation costs from party who did not fil.e timely protest. 2. Expense9 incurred in pursuing bid protests are compensable. not Mcouiston Asociates claims reimburmwVaNent for ex- penses incurred in preparing proposals and pursuing protests in connection with request for proposals (RFP) Nos. DAAI01-80-R-1299 and RFP DAAU101-81-R-0481 issued by the U.S. Army Missile Command, Redstone Arsenal, Alabama for 200 pulse forming networks. McQuiston alleges that the Army forced it to participate in both of these procurements by issuing the solicita- tions under the authority of the Defense Prcduction Act, 50 US.C. 5 2071 (1976), and then conducted both procurements In bad faitho. The Army issued RFP DAAI01-80-R-1299 on August 1, 1980, but canceled it on March 17, 1981 because McQuiston, the only firm to submit adproposal, refused to provide required cost or pricing data. On April 1, McQuiston protested the Army'n cancellation of the solicitation to our office. The Army then resolicited the identical requirement under fFP DAA01-81-R-0481. Meouiston filed a second protent on May 18, alleging that there werq a number of improprieties in the new solici- tation. Before a decision was reached on either protest, the I.rmy determined that it no longr required the it;ems solicited and canceled the resolicitation on October 7. *1* 4 * - - - - ,.~-*t---- - -- -. ---e-~ ~ 4 e - *~. - - ~ y-grw4W~p 99---r -~' . -. - -. FIL.E: i 'S 4* I ',1 -s 4 r .4 4

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