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B-244252 1 (1991-06-10)

handle is hein.gao/gaobadnwx0001 and id is 1 raw text is: Decision atter of: East West Research, Inc.--Claim for Costs File: B-244252 Date: June 10, 1991 RichardSnyder for the protester.,, Christine F. Bednarz, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. There is no basis to award proposal p reparation costs to a protester who never timely filed a prdtest at the General Accounting Office (GAO); a prerequisite to the award of costs is a decision by GAO on the merits of a protest. East West Research, Inc. cl'aims its propoal preparation costs in responding to solicitation No. DLA700-91-T-0586, issued by the Defense Logistics Agency (DLA). We deny the claim. On!,November 9, 1990,. D .A awarded purchaseporder No.,DLA700-91- :4-P039A-.tojPrecision table Mfg. Co;, Inc. On November 25' the contricting.' officer learned that a quoitation from East West contelning an alternate offer had bbeeh located and requested that This offer be' evaluated. Upon the offer's approval, the cohtractihg'officer canceled the Preci'sion Cable award. However, DLA did notmake award to East West because of an error in its automated procurement system that resulted in a resolicitation and an award to another firm., On April 18, 1991, upon receiving notice, of the foregoing, East, West filed with the agency a $50 claim for proposal preparation costs. This claim was denied by the agency on May 22, and on May 29, East West filed this cladai with our Office. x Our 'authority to award bid and proposal preparation costs is ,predicated on a determination by this Office that an agsncy has acted -dontrary to statute or regulation. 31U.S.c. S 3554'(c)(1) (1988). Thus, a decision on the merits by our Office is an essential condition to a determinatio n that the

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