B-218622.5, JAN 30, 1987, OFFICE OF GENERAL COUNSEL

B-218622.5: Jan 30, 1987

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PROCUREMENT - BID PROTEST - GAO PROCEDURES - GAO DECISIONS - RECONSIDERATION DIGEST: PRIOR DENIAL OF CLAIM FOR BID PREPARATION EXPENSES IS AFFIRMED WHERE CLAIMANT DOES CONTEST LEGAL RATIONALE FOR DENIAL OF CLAIM. DEVELOPING COUNTRIES INFORMATION RESEARCH SERVICES: YOU HAVE AGAIN REQUESTED RECONSIDERATION OF OUR DECISION IN AGENCY FOR INTERNATIONAL DEVELOPMENT. YOU ARE NOT ENTITLED TO THESE COSTS SINCE THERE WAS NO SHOWING THAT YOU WERE ENTITLED TO RECEIVE THE AWARD UNDER THE SOLICITATION IN QUESTION. YOU HAVE NOT CONTESTED OUR DENIAL OF YOUR CLAIM EXCEPT TO ALLEGE THAT AID HAS NOT RECOMPETED THE SERVICES UNDER THE SOLICITATION AS WE ORIGINALLY RECOMMENDED. AID NOW STATES THAT IT IS ITS INTENT TO RECOMPETE THE REMAINING SERVICES IN ACCORDANCE WITH OUR ORIGINAL DECISION.

B-218622.5, JAN 30, 1987, OFFICE OF GENERAL COUNSEL

PROCUREMENT - BID PROTEST - GAO PROCEDURES - GAO DECISIONS - RECONSIDERATION DIGEST: PRIOR DENIAL OF CLAIM FOR BID PREPARATION EXPENSES IS AFFIRMED WHERE CLAIMANT DOES CONTEST LEGAL RATIONALE FOR DENIAL OF CLAIM.

DEVELOPING COUNTRIES INFORMATION RESEARCH SERVICES:

YOU HAVE AGAIN REQUESTED RECONSIDERATION OF OUR DECISION IN AGENCY FOR INTERNATIONAL DEVELOPMENT; DEVELOPING COUNTRIES INFORMATION RESEARCH SERVICES-- RECONSIDERATION, B-218622.2, B-218622.3, SEPT. 25, 1985, 85-2 CPD PARA. 336, RECONSIDERED, NOV. 13, 1985, 87-1 CPD PARA. ***, IN WHICH WE DENIED YOUR CLAIM FOR BID PREPARATION EXPENSES INCIDENT TO THE AWARD OF AN AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) CONTRACT TO ANOTHER FIRM IN JUNE 1984.

AS WE PREVIOUSLY EXPLAINED IN OUR NOVEMBER 13, 1985, DECISION, YOU ARE NOT ENTITLED TO THESE COSTS SINCE THERE WAS NO SHOWING THAT YOU WERE ENTITLED TO RECEIVE THE AWARD UNDER THE SOLICITATION IN QUESTION. RATHER, WE FOUND THE SOLICITATION TO BE DEFECTIVE AS WE EXPLAINED IN OUR DECISION OF SEPTEMBER 25, 1985.

YOU HAVE NOT CONTESTED OUR DENIAL OF YOUR CLAIM EXCEPT TO ALLEGE THAT AID HAS NOT RECOMPETED THE SERVICES UNDER THE SOLICITATION AS WE ORIGINALLY RECOMMENDED. NEVERTHELESS, AID NOW STATES THAT IT IS ITS INTENT TO RECOMPETE THE REMAINING SERVICES IN ACCORDANCE WITH OUR ORIGINAL DECISION. IN ANY EVENT, AID'S DECISION REGARDING OUR RECOMMENDATION ON THE PROTESTED CONTRACT DOES NOT AFFECT IN ANY WAY THE PROPRIETY OF OUR DECISION DENYING YOUR CLAIM FOR BID PREPARATION COSTS.

WE TRUST THIS INFORMATION RESPONDS TO THE COMMENTS OF YOUR LETTERS.