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B-196187 1 (1980-05-05)

handle is hein.gao/gaobadifx0001 and id is 1 raw text is: 7 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATE3 WASHINGTON, D.C. 20549 CNIT C- FILE: B-196187 DATE: May 5, 1980 MATTER OF: Colin A Houston & Associates, Inc. -rclaim for Proposal Prep- tF7 aration Costs DIGEST: Claim for proposal preparation costs based on contention that agency know- ingly and capriciously failed to advise offerors of level of work it was prepared to fund is denied. Record shows that failure of claimant to receive award was due solely to fact that its proposed costs for contract effort were excessive. Colin A. Houston & Associates Inc. (CAHA) claims that the Department of the Interior, Bureau '2// of Mines (Interior), improperly failed to advise offerors of the exceedingly limited funds available for the performance of the contract awarded under request for proposals (RFP) JO-199050, thereby misleading CAHA in the preparation of -its proposal. The RFP called for the development of a systematic approach for selecting surface treatments which would promote coal dust wetting with water in under- ground mining operations. CAHA initially protested the matter contending that the successful offeror was not capable of accomplishing the required literature search, sampling analysis, correlation of data, and writing of a manual with an expenditure of no more than $66,900, the contract award price. Because Interior's protest report revealed that the Government estimate for the contract work was only for 1.3 years of work at $102,870, CAHA, in a letter dated March 10, 1980, withdrew its protest. In this letter CAHA alleged that it was entitled to be compensated for its proposal preparation costs of $12,647.12 because Interior knowingly and capriciously withheld the level of work it was prepared to fund. Consequently, we are at this point treating the matter solely as a claim for proposal preparation costs.

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