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B-214003.2 1 (1984-08-22)

handle is hein.gao/gaobadlwb0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL ECESION .OF THE UNITED STATES WASHINGTON, 0.0. 20548 FILE: B-214003.2 DATE: August 22, 1984 MATTER OF: Aneval, Inc. DIGEST: 1. GAO will not consider claim for proposal preparation costs when claimant does not pursue a bid protest decision. 2. Equal Access to Justice Act, 5 U.S.C. S 504 (1982), does not authorize award of attor- ney's fees to the prevailing party in a bid protest. Aneval, Inc. seeks proposal preparation costs and attorney's fees in connection with a protest against award of a contract to Analysis & Technology, Inc. We dismiss the claim. The Naval Supply Center, Norfolk, Virginia, awarded the contract pursuant to request for proposals No. N00189- 83-R-0120, covering labor and technical assistance to the Navy in evaluating and testing a Sound Surveillance System for use in anti-submarine warfare. On May 21, 1984, Aneval withdrew its protest because the Navy acknowledged some proposal scoring errors and promised that no delivery orders would be issued to Analysis and Technology after September 30, 1984. Although the Navy states that new proposals will be competitively solicited and fairly evaluated, Aneval believes it is entitled to proposal preparation costs. In order to consider Aneval's claim for proposal preparation costs at this time, it would be necessary for this Office to consider the merits of allegations that Aneval raised initially in its protest. Aneval did not choose to pursue its protest through to a deci- sion on the merits. Under these circumstances, we do

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