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B-212996.2 1 (1984-08-01)

handle is hein.gao/gaobadlvg0001 and id is 1 raw text is: THE COMPTROLLEN GENERAL OECISION . l OP THE UNITEO STATUE WASHTNOTON. 0.C. 20546 UITI FILE: B-212996.2 DATE: August 1, 1984 MATTER OP: Unified Industries Incorporated DIGEST: 1. Fourth low bidder in the second step of a two-step, formally advertised procurement may have a valid claim for bid and proposal preparation costs if it can show that because of arbitrary or capricious agency action it was induced to incur the costs of participating in the procurement. 2. Claim for bid and proposal preparation costs incurred under a two-step, formally adver- tised procurement is denied where the record does not indicate that the agency misled offerors into believing that the owner of proprietary data needed to perform the con- tract was obligated to release such data. Unified Industries Incorporated claims the bid and proposal preparation costs it incurred in connection with request for technical proposals (RFTP) No. N61339-83-R- 0089 and invitation for bids (IFB) No. N61339-83-B-0026, a two-step, formally advertised procurement conducted by the Naval Training Equipment Center, Orlando, tlorida. We deny the claim. The procurement was for technical publications and services relating to the Enhanced Shipboard Simulator, a training device that the Navy had procured from the manufacturer, Mictronics, Inc., under a separate con- tract. The first-step RFTP provided that the successful offeror would be responsible for gathering all data needed to perform the contract and required each offeror to describe in its proposal the arrangements made with Mictronics to obtain the data. An amendment to the RFTP informed offerors that Mictronics was under no obligation 6-

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