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B-210032.2 1 (1984-03-26)

handle is hein.gao/gaobadlpi0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL OECISION ' OP THE UNITED STATES WASHINGTON. 0.C. 2084U FILE: -210032.2 DATE: March 26, 1984 MATTER OF: Power Systems-4Claim for Costs OIGEST: 1. Claim for bid preparation costs is allowed since the record establishes that the acency's affirmative determination of respon- sibility of the awardee was arbitrary and capricious and the protester had a substantial chance for award. 2. No legal basis exists that allows an unsuccessful bidder to recover anticipated profits or similar monetary damages. Power Systems (Power) seeks reimbursement for bid preoaration costs and other damages it incurred in connec- tion with invitation for bids (IFB) No. N62472-82-B-1663 issued by the Naval Facilities Engineering Command (Navy). This procurement was also the subject of our decision in Power Systems, B-210032, August 23, 1983, 83-2 CPD 232. we allow the claim for bid preparation costs, but we deny the claim for other damages. In our prior decision, we sustained Power's protest on the basis that the awardee, Williams & Lane, Inc. (W&L), had not submitted evidence from which the Navy could reason- ably conclude that W&L had satisfied the definitive respon- sibility criteria of the solicitation's experience clause. We held that while the language of the solicitation required a bidder to demonstrate operational experience on a power- plant component identical to that described in its bid, W&L had only cited operational experience on a 20-cylinder enqine while offerinq a 16-cylinder enqine, and that the Navy could not have reasonably made an affirmative determination of responsibility in favor of W&L. Bid preparation costs are recoverable where the government acts arbitrarily and capriciously with respect to a proposal and the offeror had a substantial chance of ON . q

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