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B-186939 1 (1977-10-25)

handle is hein.gao/gaobadfgo0001 and id is 1 raw text is: 








                                                    THU   COMPTROLLER GWNNAL
                       DECISION                     OP   THE UNITED STATES
                                                    WAUeHINSTON, 0.C. aca4U



       FC FILE:                    3-186939                DATE:   October 25, 1

                       MATTER OF:        International Finance and Economics


                       DIGEST:

                       1.   Claim for proposal pzkparation costs may be allowed where
                            agency action is unreasonable and reasonable certainty
                            exists that claimant ould  have received award but for
                            improper ageny  action.  I

                       2.   By conducting proposals evaluation in manner different
                            than in RFP; by failin to amend RFP1when agency knew it
                            won   acce t level of effort significantly bel6w Chat
                            stated in RFP; and by failing to insure equalityof co-
                            peti'lion, agency rejation of claimant*'spropoia was
                            arbitrary and capAiousand failed   to accord proposal fair
                            and'honest consideration.  hince claimilant's propocal was
                            rated high 'tachnically And proper evaluation would have
                            indicated price was in competitive range,,Cf not lowest
                            received, it is reasonably certaih claimant would have
                            received award but for erroneous agency action and is
                            therefore entitled.to proposal preparation costs.

                       3.  uSince clai inc ues   nonallowable.items of preparinz unsolicited,
                            as well as solicited prop sal, there is no basis .c this time
                            to determine quantum.  Claimant may submit necessary documenta-
                            tion 'to agency foc; resolution. If agreement cannot be reached
                            matter should be returned to GAO for decision.


                            International FiinC9e and Econbaics (IFE) claims reimbursement
                       of pro$osal prepatacion expenses incurred in competing for the
                       procurement-under request for proposals (RIP) `6-38070iisuedby
                       thitDepartment of Coerce   for.a study of 'foreign wartime aids
                       vhCh  was the subject of decisions in Internatioal Finance  d
                       Economics, B-5186939, January,27, 1977, 77-1 CPD 66 and Departfuent
                       of Coairee--Request  for Reconsideration, B-186939, July 14, 1977,
                       77-2 CPD.23.

                            As stated by'IFE, it3 claim is based upon our January 27
                       decision:  [T]he ruling by the Comptroller General and the record





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