B-218294.2: Apr 12, 1985

A firm claimed proposal preparation costs and related protest costs, as a result of its protest which had been sustained. GAO held that proposal preparation costs may be reimbursed only if the protester shows that the government had acted arbitrarily and capriciously, and that it would have received the award had the government acted properly. Since the protester failed to show this, it was not en...

B-218294.2: Apr 12, 1985

AWARD OF PROPOSAL PREPARATION COST IS ONLY JUSTIFIED IF PROTESTER SHOWS BOTH THAT THE GOVERNMENT'S CONDUCT TOWARD THE PROTESTER WAS ARBITRARY AND CAPRICIOUS AND THAT. THE PROTESTER WOULD HAVE HAD A SUBSTANTIAL CHANCE OF RECEIVING THE AWARD. AN UNSUCCESSFUL OFFEROR IS NOT ENTITLED TO THE COSTS OF FILING AND PURSUING ITS PROTEST. WHERE THE PROTEST WAS FILED PRIOR TO THE EFFECTIVE DATE OF THE COMPETI...