Matter of: United States Department of Agriculture--Reconsideration File: B-277705.2 Date: October 31, 1997

B-277705.2: Oct 31, 1997

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Pointing out that our Bid Protest Regulations do not provide for recommending the payment of protest costs when protests of sales are involved. Our recommended remedy should not have included protest costs. Our decision is modified accordingly.

Matter of: United States Department of Agriculture--Reconsideration File: B-277705.2 Date: October 31, 1997

DIGEST

Attorneys

DECISION

The Department of Agriculture (USDA) requests a modification to our decision, Cal-Tex Lumber Co., Inc., B-277705, Sept. 24, 1997, 97-2 CPD Para. 87, in which we sustained Cal-Tex's protest against the rejection of its bid in response to an advertisement for the "Compartment 32 Backyard Timber Sale" issued by the Forest Service.

In addition to recommending that the protester's bid be reinstated and award be made to Cal-Tex if otherwise appropriate, we recommended that the protester be reimbursed its costs of filing and pursuing the protest.

The Department of Agriculture questions the recommendation that Cal-Tex be reimbursed its protest costs, pointing out that our Bid Protest Regulations do not provide for recommending the payment of protest costs when protests of sales are involved.

We agree. Our Regulations at 4 C.F.R. Sec. 21.13(b) (1997) provide that when we consider protests of sales, the provisions of 4 C.F.R. Sec. 21.8(d), pertaining to recommendations for the payment of protest costs, do not apply. Therefore, our recommended remedy should not have included protest costs. Our decision is modified accordingly.

Comptroller General of the United States