B-210032.2: Mar 26, 1984

CLAIM FOR BID PREPARATION COSTS IS ALLOWED SINCE THE RECORD ESTABLISHES THAT THE AGENCY'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY OF THE AWARDEE WAS ARBITRARY AND CAPRICIOUS AND THE PROTESTER HAD A SUBSTANTIAL CHANCE FOR AWARD. 2. THIS PROCUREMENT WAS ALSO THE SUBJECT OF OUR DECISION IN POWER SYSTEMS. THAT THE NAVY COULD NOT HAVE REASONABLY MADE AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY I...

B-210032.2: Mar 26, 1984

A firm sought reimbursement for bid preparation costs and other damages in connection with a Navy solicitation. GAO had sustained a protest by the firm in connection with this procurement in finding that the Navy had acted arbitrarily when it concluded that the awardee satisfied the definitive responsibility criteria of the solicitation's experience clause. Bid preparation costs are recoverable wh...