[Claim for Protest Costs for Protest of Navy Termination of Contract for Operational Test Program Sets]

B-256813.6: Oct 29, 1996

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A firm requested reimbursement for its protest costs pursuant to its successful protest of the Navy's termination of its contract and subsequent contract award for operational test program sets. GAO had held that the Navy used an outdated and defective small business concern representation clause in the solicitation, which led the protester to miscertify its products. The protester claimed reimbursement for attorney fees incident to several protests, two court suits, a Freedom of Information Act (FOIA) matter, and proceedings before the Small Business Administration (SBA). GAO held that the: (1) attorney fees incident to the court cases and SBA proceedings were not allowable, since GAO jurisdiction pertained only to the bid protests; (2) costs of defending against the FOIA request were not recoverable, since they were incurred before the protester filed its instant protest; (3) protester's entitlement to reimbursement for its protest costs was limited to the instant protest; and (4) protester's corporate labor costs were excessive and unsupported and, therefore, the protester forfeited its right to such costs. Accordingly, the claim was allowed in part.