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[Claim for Bid Preparation Costs Incurred in Connection With Navy RFTP]

B-212996.2 Aug 01, 1984
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Highlights

A firm claimed bid and proposal preparation costs it incurred in connection with a Navy request for technical proposals and an invitation for bids. The claimant contended that the Navy misled offerers into believing that a manufacturer was committed to providing required data and that the issuance of the solicitation without ensuring that the data would be made available was reckless, arbitrary, and capricious. For these reasons, the claimant contended that it was entitled to be paid its bid and proposal preparation costs, including a $10,000 fee it paid the manufacturer to obtain the data. In order to obtain bid preparation costs, a claimant must show that through arbitrary and capricious agency action bidders were put to needless expense in preparing their bids. However, the claimant's allegations of improper agency action were not supported by the record. Further, the claimant's contention that the Navy issuance of the solicitation without ensuring that the manufacturer would provide the required data was arbitrary and capricious was untimely and without merit. Any objection in this regard should have been raised prior to the closing date for the receipt of proposals. Accordingly, the claim was denied.

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