B-240488.4, Sep 27, 1991

B-240488.4, Sep 27, 1991

DIGEST: Where no determination has been made by the Comptroller General that a contract award violates law or regulation, protester is not entitled to an award of protest costs.

Attorneys

International Transcription Services, Inc.-- Claim for Costs:

On July 19, 1990, International Transcription Services, Inc. (ITS) protested the award of a contract to Downtown Copy Center by the Federal Communications Commission (FCC), under solicitation No. RFP 90 03 for copying services. That protest was denied in our decision International Transcription Servs., Inc., B-240488, Nov. 28, 1990, 90-2 CPD Para. 437. ITS then filed for reconsideration and its request was dismissed because the firm chose to raise identical issues in its court action, International Transcription Servs., Inc. v. United States, Civil Action No. 90-3129 (D. D.C. Jan. 23, 1991). See International Transcription Servs., Inc.-- Recon., B-240488.2, Jan. 2, 1991. On January 23, 1991, the court found in favor of ITS and remanded the matter to the FCC for resolicitation. In light of the court's decision, ITS now requests that we award it the costs of pursuing its protest to the extent that it is not compensated by the District Court.

Our authority to allow protest costs is governed by 31 U.S.C. Sec.3554(c)(1) (1988) which authorizes their award only "if the Comptroller General determines that ... the award of a contract does not comply with a statute or regulation ... ." No such determination has been made by the Comptroller General in this matter and we, therefore, deny ITS's request.