[Request That DOE Be Directed To Award Attorney Fees Incurred in Sustained Protest]

A firm requested that the Department of Energy (DOE) award it attorney fees and costs that it incurred in connection with the cancellation of a DOE solicitation. The requester had been selected as the highest rated offerer for a DOE facility construction contract, but DOE canceled the award and performed the work in-house. Since GAO did not find the cancellation to be reasonable, it directed DOE to pay the requester proposal preparation costs. The requester subsequently claimed attorney fees and costs as the prevailing party in an adversary adjudication under the Administrative Procedure Act. GAO held that, since bid protests are not conducted under the act, it has no authority to award the claimed costs. Accordingly, the claim was denied.