Saltwater Inc.--Reconsideration and Costs
B-294121.3,B-294121.4, Feb 8, 2005
Saltwater Inc. asks that we reconsider our August 25, 2004 dismissal of its protest of the award of a sole-source contract to NWO, Inc. by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for fisheries observer services. Saltwater argues that the corrective action that Commerce had proposed in response to the protest, which led to our dismissal decision, in fact provided no meaningful remedy. Saltwater also complains that Commerce's implementation of that corrective action has resulted in the continuation of an unjustified sole-source contract with NWO. Finally, Saltwater requests that it be reimbursed its costs of pursuing this and its prior protest.
We agree with Saltwater that, in light of Commerce's actions since we dismissed the firm's protest, its challenge to the propriety of the award to NWO is not academic. Moreover, having reviewed the issue's merits, we sustain Saltwater's protest in part. We also recommend that Saltwater be reimbursed the costs of pursuing this and its prior protest.