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B-190238 1 (1978-06-15)

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THE
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COMV-TRoLLER GENERAL
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WASHINGTON,


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B-190238


MATE': June 15, 1978


MATTER   OF:


Documentatioh Associates - Claim for
Prepcration Costs


Proposal


DIGEST:


claimant of prbposal preparation coats contersds
that contracting agency in bad faith induced
claimant to submit offer.   Bases for conten-
tion were previously bases for untimely protest
which were not therefore ronsidered on merits.
Claim is denied, since merits may riot be con-
sidered'now   imerely because they are raised
in context of claim.
GAOpreviously  deternined that contracting
agency's inclusioir'of claimant's unasuccessful
proposal in eompetitive range was 'Improper,
since initial proposal waf considered non-
competitive.  Ciaiman' requests keimbursement
for expenseesyof atending. technical discussions
and submitting revi's'ed offer, which, in view
of GAO decision, sh6ld  nbt have been incurred.
Claim is denied, since record showo no bad
faith on part coE contracting agency. Expenses
incurred in attending debriefing and protest
costs may not be paid.


     In DbdbmtationAsicates, B-190238, March 23,
1978, 781  CPD 228, we considered a protest,by
Documentation Associates against the rejection of
its proposal.under request for proposals  (RFP)
No. 2-26363 for library technical processing services,
issued by theNational  Aeronautics and Space Adfiinis-
tration (NASA). The proposal was one of two inbluded
in the compititive range after an initial evaluation
(the other was the incumbent's, TechnologyPDevelopment
Coporai'tion (TDC)). Tchnical discussions were held
with both firms, and revised offeis were'submitted.
A further 'evaluation rated'DocUmentation Associates'
proposal slightly lower technically'than TDC's.
Therefore, and kice  the cost of the Documentation
Associates'.proposal far exceeded that of TDC, the
contracting officer selected TDC for final negotiation.


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