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B-191050 1 (1978-02-10)

handle is hein.gao/gaobadfrj0001 and id is 1 raw text is: * . tTHE COMPTRCLLISq GENERAL DECISION . P THE UNIle *TATIa - IT Z VA C H IN G T O N , . C . 2 0 5 4 8 FILE: 3-191050 DATE: February 10, 1978 MATTER OF: William D. Freeman, M.D. OIGEST: Agency's decision not to fund proposal submitte in response-to Program Opportunity Notice (PON) be- cause project was regarded as operational, even though PON misled offeror into believing that apera- tional projects were eligible for funding, was rot arbitrary or made in bai faith so as to entitle offeror to proposal preparation costs. Moreover, such costs may be recov'&red only where it is shown that arbitra 'y Governmeint action precluded offeror from award to which it was otherwise entitled, and- under terms of PON no offeror could claim entitlement to award. We have been requested by an authorized certifying officer, Department of Energy (DOE), to render a decision as to ,whether a claim for reimbursement of proposal prepara- tion costs from William D. Freeman, M.D., may be paid. The claim is for $2,000 for expenses allegedly incurred in the preparation of technical and cost proposals in response to a Program Opportunity tbtice (PON) issued 'by the Energy Research and Development Administration (ERDA), now DOE. The PON.offered various f rmsof financial assistance (contracts, grants, and cooperative agreements) to those who would include solar heating and cooling systems for demonstration purposec in their commercial facilities. The PON contained the following stauement on page one: The poject proposed under this PON may currently be in'any of 'the following stages of development: concepEual design, preliminary design, final detailed design, construction, or presently in operation. (Emphasis added.) Dr. Freeman and his father were engaged in the con- struction of a solar heating unit for their medical office 9- 5.~~ 1 - * _

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