[Claim for Protest Costs and Request to Modify Protest Remedy]

B-243142.4: Nov 16, 1992

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A firm claimed reimbursement for the costs of its successful protest against a Department of Housing and Urban Development (HUD) contract award, and requested that GAO modify the decision to require that HUD reimburse it for its bid preparation costs. GAO had held that HUD should terminate the awarded contract, make award to the protester if its proposal was the most advantageous, and reimburse the protester for its protest costs. In its request for reconsideration, the protester contended that HUD: (1) refused to consider its claim for reimbursement because a court was considering the constitutionality of GAO authority to award protest costs; and (2) did not award it the contract, but resolicited its requirement. GAO held that: (1) it would not consider the protester's claim for protest costs, since HUD had not finished reviewing the claim and negotiating with the protester; and (2) the protester untimely filed its request for reconsideration of the recommended remedy. Accordingly, the claim and the request for reconsideration were dismissed.