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B-214523, JUL 26, 1984, 84-2 CPD 116

B-214523 Jul 26, 1984
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PROTEST IS DISMISSED AS ACADEMIC WHERE AGENCY HAS RESOLVED ISSUE IN FAVOR OF THE PROTESTER AND AWARDED IT A CONTRACT. ATTORNEY'S FEES INCURRED IN CONNECTION WITH A BID PROTEST ARE NOT COMPENSABLE UNDER THE EQUAL ACCESS TO JUSTICE ACT. ITS PROTEST IS ACADEMIC AND WE WILL NOT CONSIDER IT ON THE MERITS. WE HAVE HELD THAT THE ACT PROVIDES NO AUTHORITY FOR AWARD OF ATTORNEY'S FEES OR COSTS INCURRED BY THE PREVAILING PARTY IN A BID PROTEST. THE PROTEST IS DISMISSED AND THE CLAIM FOR ATTORNEY'S FEES IS DENIED.

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B-214523, JUL 26, 1984, 84-2 CPD 116

CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - AWARD MADE TO PROTESTER DIGEST: 1. PROTEST IS DISMISSED AS ACADEMIC WHERE AGENCY HAS RESOLVED ISSUE IN FAVOR OF THE PROTESTER AND AWARDED IT A CONTRACT. ATTORNEYS - FEES - EQUAL ACCESS TO JUSTICE ACT - RECOVERY OF FEES, ETC. INCURRED IN PURSUING BID PROTEST - NOT AUTHORIZED BY ACT 2. ATTORNEY'S FEES INCURRED IN CONNECTION WITH A BID PROTEST ARE NOT COMPENSABLE UNDER THE EQUAL ACCESS TO JUSTICE ACT.

KEEN SURVEYS:

BY LETTER DATED FEBRUARY 27, 1984, KEEN SURVEYS (KEEN) PROTESTED THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER THE DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS (BIA), SOLICITATION NO. BIA-M00-83 31. SUBSEQUENTLY, BIA CONSIDERED KEEN'S ALLEGATION, DECIDED IN FAVOR OF KEEN AND AWARDED THE CONTRACT TO KEEN. ON JULY 9, KEEN REQUESTED THAT WE AWARD IT THE ATTORNEY'S FEES KEEN INCURRED IN CONNECTION WITH THE PROTEST.

SINCE KEEN HAS BEEN AWARDED THE CONTRACT, ITS PROTEST IS ACADEMIC AND WE WILL NOT CONSIDER IT ON THE MERITS. SEE DATA FLOW CORPORATION, ET AL., JULY 6, 1983, 83-2 CPD PARA. 57. CONCERNING KEEN'S REQUEST FOR ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 5 U.S.C. SEC. 504 (1982), WE HAVE HELD THAT THE ACT PROVIDES NO AUTHORITY FOR AWARD OF ATTORNEY'S FEES OR COSTS INCURRED BY THE PREVAILING PARTY IN A BID PROTEST. J. C. YAMAS COMPANY, B-211105.2, JAN. 19, 1984, 84-1 CPD PARA. 81.

THE PROTEST IS DISMISSED AND THE CLAIM FOR ATTORNEY'S FEES IS DENIED.

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