[Request for Reconsideration of Corrective Action Recommendation]

The General Services Administration (GSA) requested reconsideration of a sustained protest against its solicitation for guard services. GAO had held that: (1) the specified ceiling on recoverable cost increases was inconsistent with the federal acquisition regulation (FAR); (2) GSA should reimburse the protester for its protest costs; and (3) GSA should reissue its solicitation in compliance with FAR. In its request for reconsideration, GSA contended that it: (1) obtained a deviation to FAR, enabling it to use the ceiling clause; and (2) issued the clause in good faith. GAO held that: (1) since GSA obtained a deviation to the FAR, there was no longer a need for the recommended corrective action; and (2) the protester was entitled to reimbursement for its protest costs. Accordingly, the recommended corrective action was modified, and the claim was allowed.