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[Request for Reimbursement for Bid Protest Costs Under FCC Solicitation for Computer Services]

B-222635.2 Published: Sep 13, 1988. Publicly Released: Sep 13, 1988.
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Highlights

A firm requested reimbursement for its bid protest costs pursuant to its sustained protest against a Federal Communications Commission (FCC) contract award for computer services. GAO had held that FCC improperly accepted the awardee's nonconforming bid, and recommended that FCC: (1) amend the solicitation to provide for evaluation on a common basis; and (2) terminate the awardee's contract and make award to the protester, if otherwise appropriate. In its request for reimbursement, the firm contended that it was entitled to recovery of its bid protest costs, since: (1) FCC awarded it a contract after the expiration of the base year; (2) recent changes in protest regulations allowed recovery of costs regardless of other remedies; and (3) its protest enhanced the basic purpose of promoting competition. GAO held that the protester was not entitled to reimbursement, since: (1) it did not lose the opportunity to compete for and win the contract; and (2) the protest occurred prior to the time when the new protest regulations became effective. Accordingly, the claim was denied.

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Claims settlementComputer services contractsContract award protestsContract terminationImproper award of contractLegal feesReconsiderationsResolicitationSolicitation modificationsBid evaluation protestsSolicitationsBid proposalsBid protest costsProcurementEngineeringBid protest regulationsHealth care servicesIntellectual property rightsCompetitive range