Request for Proposal Preparation Costs in Response to Program Opportunity Notice

Reimbursement was requested for proposal preparation costs in response to a Program Opportunity Notice (PON) on the basis that, at the time the proposal was rejected, the project was not operational and that the claimant was misled by a statement in the PON saying that funding would be available for projects in any stage of development. Documentation indicated that it was not the PON's intent to fund construction of completed projects. Proposal preparation costs can only be recovered when it is shown that arbitrary Government action precluded the offeror from the award which was not the case in this situation.