B-244240.4, Jul 16, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Preparation costs DIGEST: Protester is not entitled to award of the costs of filing and pursuing its protest where agency promptly took corrective action within 1 week of when the protest was filed. The agency advised our Office that it was terminating the contract and resoliciting the requirement. A protester is not entitled to such costs where an agency. The request for award of costs is denied.
B-244240.4, Jul 16, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - GAO procedures - Preparation costs DIGEST: Protester is not entitled to award of the costs of filing and pursuing its protest where agency promptly took corrective action within 1 week of when the protest was filed.
Attorneys
General Physics Corporation-- Claim for Costs:
General Physics Corporation requests that our Office declare the protester entitled to recover reasonable costs of filing and pursuing its protest, filed on May 29, 1991, against the award of a contract to ManTech Technical Services Corporation under request for proposals (RFP) No. N00612-91-R-7001, issued by the Department of the Navy for training support. On June 5, 1991, within a week of receiving notice of the protest, the agency advised our Office that it was terminating the contract and resoliciting the requirement; as a consequence, we dismissed the protest as academic pursuant to our revised Bid Protest Regulations, 56 Fed.Reg. 3,759 (1991) (to be codified at 4 C.F.R. Sec. 21.3(m)).
On June 28, the protester filed a claim with our Office under section 21.6(e) of our revised regulations, for the costs of filing and pursuing the protest. A protester is not entitled to such costs where an agency, as here, takes prompt corrective action in response to a protest. Oklahoma Indian Corp., B-243785.2, June 10, 1991, 91-1 CPD Para. ***.
The request for award of costs is denied.