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B-190238 1 (1978-08-07)

handle is hein.gao/gaobadghh0001 and id is 1 raw text is: I zip ru7 ~ 'L1 5v ~g~±AflC~ *~ tkl, WECIBION I ..~'i -'---a. 6, FILE: B-190238 IVATTrER-OP: Dosuimentation cf Claim forI THU COMPYROLLER OSNEIRAL OF THE UNITED STATUS WASHIMNGTCJN, D.C. 201541 LIATE: August 7, 1978 Associates - Reconsideration Proposal Preparation Costs DIGEST: Prior dectsion denyingclaim for proposal preparatiar:costs i.s affirmed underestandard ip HeyerPkoducts Company v. United3.tates, 1,0 'F. Supp. 409 (Ct. Cl. 1956), because oLAim.aI t has not shown that offer was ,ayd;ilently induced. Under Hever standard, as~subsequently modified by courts,'claimapt mUst 4,sow arbitrary or capricious Govery ent actionR\whtch precluded claimant from' reLbeiving awardtWich it was oth'rise entitled. Where ci aim is based on GAO finding o' improper inclusioh in cbmpetitive range'and proposal thetefore-had no reasonable chance for award, basic Hoger standard necessarily applies for any possible recovery. I npDocumentation Associates, 8190238, March 23, 1978, 781 CPD 226, we considered a protest by.,Documenta- tion Acsocfates against the rejectioh of its proposal uhder requept4 for proposals (RFP) No. 2-26383.for 'library technical processing services,-issued 'by the National Aerona'utics and'Space Administration (NASA). The proposal was one oLttf.wo included in the competitive ran e after an initial'ealuation (the otfiaer was the incumbent's, TedfihologyDevelopment Corporation (TDC)). After technical disbssions arid the submission of revised offers, a fUrther evaluation rated Doc'mentation Associat6s proposal sligktly lower technically than TDC's. Therefore, and since the 'cost 31 the Documentation Asaciates proposal far exceeded that of TDC's, the contracting officer selected TDC for final negotiations. Dtcume tiotntdh Associatt protested the tractinq offiber's decision on three bases, of which were untimely raised under our Bid con- two Protest ... - SI'. - - . 1 .1- a- I S 0 6 9 I I I I I . . .1 I

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