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B-244979 1 (1991-08-01)

handle is hein.gao/gaobadnxq0001 and id is 1 raw text is: 



LComptroller General
          of the United States
          Waatageou, D.C. 2064a
          Decision





          Matter of:     WmT. Cargile Contractor, Inc.--Claim for Costs

          File;          B-244979
          Date:         August 1, 1991

          William Targile III, for the protester.
          Catherine M. Evans, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DbGrIT

          Where there is no basis for General Accounting Office to
          determine that agency acted contrary to statute or regulation
          in canceling solicitation, offeror is not entitled to recover
          proposal preparation costs.

          DICISOf

          Wm. Cargile Contractor, Inc. requests reimbursement of its
          proposal preparation costs under request for proposals (RFP)
          No. N62477-91-R-POO03, issued by the Department of the Navy
          for construction of housing. Cargile believes it is entitled
          to reimbursement of its costs because the Navy canceled the
          solicitation the day before proposals were due.

          We dismiss the claim.

          Our authority to award proposal preparation costs is predi-
          cated on a determination by our Office that an agency has
          acted contrary to statute or regulation. 31 U.S.C.
          § 3554(c) (1) (198). As Cargile has not alleged that the
          Navy improperly canceled the solicitation, or provided us with
          any other basis to determine that the Navy acted contrary to
          statute or regulation, it is not entitled to reimbursement of
          its costs.
          The claim for costs is dismissed.


Jdhn M. Melody
Assistant General

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