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B-202766.2,B-203351.2 1 (1983-02-14)

handle is hein.gao/gaobadkwt0001 and id is 1 raw text is: 

                        THE COMPTROLLER GENERAL)TSt
OECISION                 OF THE UNITEO        STATES
                       ,~WASH]INGTON. 0. C. 20548




FILE:  B-202766.2, B-203351.2 DATE: February 14, 1983

MATTER OF: McQuiston Associates--Request for Reconsidera-
              tion of Claim for Proposal Preparation Costs

DIGEST:



1.   GAO decision dismissing claim for proposal
     preparation costs and denying claim for
     costs of pursuing protest does not prejudice
     proceedings before board of contract appeals
     or a court because the board proceeding
     and what GAO considered involve matters
     unrelated to the claim in court.

2.   Expenses incurred in pursuing bid protests
     with GAO are not compensable under Equal
     Access to Justice Act.


     McQuiston Associates requests that we reconsider our
decision, McQuiston Associates - Claim for Proposal
Preparation Costs, B-202766; 3-203351, August 12, 1982,
82-2 CPD 127, in which we dismissed that firm's claim for
proposal preparation costs in connection with request for
proposals (RFP) Nos. DAAH01-80-R-1299 and DAAH01-81-R-0481
issued by the U.S. Army Missile Command, Redstone Arsenal,
Alabama. We dismissed the claim because McQuiston had not
timely protested the allegedly improper agency action on
which the claim was based. We also held that McQuiston's
costs of pursuing earlier bid protests were not compen-
sable.

      McQuiston now contends that we should not have issued
 our decision at all because at the time it initially filed
 its claim for proposal preparation costs with our Office it
 had also filed concurrent actions in a United States
 District Court (McQuiston v. Marsh, No. CV 81-3572-WMB,
 C.D. Cal.) and the Armed Services Board of Contract
 Appeals (ASBCA) (Appeal of McQuiston Associates, ASBCA

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