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B-213464.2 1 (1984-07-24)

handle is hein.gao/gaobadlux0001 and id is 1 raw text is: THU COMPTROLLER SENENAL OECIUION OP THE UNITEO STATES WA8HINGTON. O.0. U0548 FILE: B-213464.2 OATE: July 24, 19% MATTER OF: Northwest Regional Educational Laboratory-- Request for Proposal Preparation Costs OIQEST: Claim for proposal preparation costs is denied since agency's math error, which materially prejudiced protester, resulted from negligence and not arbitrary and capricious conduct. The Northwest Regional Educational Laboratory (Northwest) requests reimbursement of the costs it allegedly incurred in responding to the National Institute of Educa- tion (NIE), Department of Education, request for proposals (RFP) No. NIE-R-830-0011. This procurement was the subject of our decision in Northwest Regional Educational Labora- tory, B-213464, Mar. 27, 1984, 84-1 C.P.D. 1 357. In our prior decision, we sustained Northwest's protest against a contract awarded to Far West Laboratory (Far West). We concluded that NIE had failed to provide North- west and Far West with a common basis to revise their proposals because, in attempting to get the offerors to reduce their cost proposals to correspond with the government estimate, NIE had given each offeror the incorrect percentage by which its proposal exceeded the government estimate. We further concluded that Northwest had been materially prejudiced by NIE's action because NIE's percentage error in regard to Northwest's proposal was signficantly higher than its percentage error in regard to Far West's proposal. Despite our conclusion, however, we did not recommend that NIE terminate Far West's contract and reopen discussions with both offerors because performance under the contract was substantially under way. The award of proposal preparation costs is permitted where the protester shows that the government's conduct was arbitrary and capricious and that if the government had okq9 u

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