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B-233213.2 1 (1990-02-26)

handle is hein.gao/gaobadnru0001 and id is 1 raw text is: 4e . (064 .j oComptroler General of the United States Washington, D.C. 20548 Decision Matter of: Technical Company Inc. File: B-233213.2 Date: February 26, 1990 Donald C. Tolefson, for the protester. Barbara C. Coles, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the award of a contract based on initial proposals is dismissed as untimely where protest is based on information obtained pursuit to a Freedom of Information Act request filed 7 months after the protester first requested information pertaining to the award, since the protester failed to diligently pursue the information forming the basis of its protest. 2. There is no basis for an award of proposal preparation costs where current protest is dismissed as untimely and prior protest under same solicitation by another protester-- resulting in a settlement between the parties including in part the agency's reimbursement of the protester's proposal preparation costs--was withdrawn, since a prerequisite to the award of costs under the Competition in Contracting Act of 1984 is a decision on the merits of a protest. DECISION Technical Company Inc. requests recovery of its proposal preparation costs as a result of the alleged improper award of a contract to InterOcean Systems, Inc., under request for proposals (RFP) No. N00189-88-R-0306, issued by the Navy for the design and manufacture of a camera sled handlin system. We deny the request for costs. The agency awarded a contract to InterOcean based on its initial proposal on September 7, 1988, and informed all the other offerors of the award on October 7. Craft Machine

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