[Request for Reconsideration of Dismissed Protest Against Army Sole-Source Contract Award]

B-242099.2: Feb 22, 1991

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A firm requested reconsideration of its dismissed protest against an Army Materiel Command (AMC) sole-source contract award for parachutes. GAO had held that, since AMC would consider an expression of interest from the protester, the protest merely anticipated improper AMC action. In its request for reconsideration, the protester contended that: (1) its protest was not anticipatory and should not have been dismissed; and (2) it should be awarded protest costs because AMC corrected its inadequate proposed sole-source award notice in response to its protest. GAO held that the: (1) AMC action clearly rendered the protest academic; and (2) protester may not be awarded protest costs where the protest was dismissed and no decision was issued on the merits. Accordingly, the dismissal was affirmed and the claim was denied.