[Request for Reconsideration of Recommendation Under Protest of NPS Contract Award]

B-229842.3: Aug 15, 1988

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The National Park Service (NPS) requested reconsideration of recommendations resulting from a sustained contract award protest. GAO had held that NPS should conduct further discussions, and if appropriate, terminate the protested contract and award it to the protester. In its request for reconsideration, NPS contended that it: (1) could not implement the recommendation, since the contractor had partially performed the contract; and (2) reached a tentative settlement with the protester to reimburse it for its bid and protest preparation costs and pay anticipated profits. GAO held that NPS: (1) should reimburse the protester for its bid and protest preparation costs; and (2) lacked authority to pay anticipated profits to the protester. Accordingly, the recommendation was modified.

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