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Records Sufficient To Establish Actual Costs Are Sufficient For Reimbursement Of Bid Preparation And

Friday, May 04, 2007 12:05 pm

 
Records Sufficient To Establish Actual Costs Are Sufficient For Reimbursement Of Bid Preparation And Proposal Costs

The United States Court of Federal Claims held that a claimant was entitled to $111,900.82 of a claimed $128,382.51 in bid preparation and proposal costs.

Beta Analytics International, Inc. (Beta) won an earlier suit in which it alleged that the government acted arbitrarily and capriciously in not properly considering its bid for a project. It was therefore given the right to apply for bid preparation and proposal costs. Though the government conceded that such reimbursement was appropriate given the earlier ruling, it objected to the amount claimed by Beta.

Federal acquisition regulations do not govern the reimbursement of bid preparation and proposal costs. Despite the parties' mutual belief that the Federal Acquisition Regulation (FAR) definitions and provisions applied, the court stated that FAR provisions, while relevant, were not binding upon it. The court noted that earlier decisions referencing FAR provisions did so base [...]

 
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