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B-189030 1 (1978-05-31)

handle is hein.gao/gaobadgce0001 and id is 1 raw text is: I I M THE COMPTROLLER OENEP4AL DECISION ..Jn OF THE UNITED ETATEE WASHINGTON. D.C. 205411 FILE: B-189030 DATE:fNay 31, 1978 MATTER OF: Control Data Corporation - Claim for Proposal Preparation Costs DIGEST: Claim for proposal preparation costs on basis that procuring agency acted improperly in rejecting claiwant's Special Lease/Purchase Conversion Plan in RFP for automatic data processing equipment is denied. Reasonable baz.is for rejection exinted in view of our prior decisions holding it improper to accept high offer on basis of occurrence of contingency that may or may not happen. Control Data Corporation claims that the Internal Revenue Service (IRS) acted improperly in rejecting its Special Lease/Purchase Conversion Plan (Special Plan) that was submitted with best and final prices on proposals thit it had previously submitted under request for prorosals (RFP) IRS-76-26. The RFP called for the lease with &n option to purchase of items or automated data processing equipment. CDC initially pro- tested the matter and sought either termination of any contract that might have been awarded or an award out- right to it as the low, responsive offeror. Because award had been made and because the awardee had substan- tially performed the contract during the pendency of this protest; CDC, in a letter to us dated September 12, 1977, withdrew its request for either termination of any awarded contract or an award to it. In this letter CDC alleged that as the offeror in line for award, it was deprived of fair and honest consideration of its proposal and was entitled to recover its proposal preparation costs. In view of the foregoing, we are at this point treating the matter solely as a claim for proposal preparation costs. - 11

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