PADCO, Inc.--Costs

B-289096.3: May 3, 2002

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A firm requested that it be reimbursed the costs of filing and pursuing a protest challenging a U.S. Agency for International Development (USAID) for contract award for technical support services, contending that they be reimbursed the costs of filing and pursuing. GAO held that the protest was meritorious because USAID accepted without any analysis, the awardee's unexplained final proposed rates, which were substantially less than those initially proposed, its historical rates, and its proposed ceiling rates. Accordingly, GAO recommended that the protester (1) be reimbursed the costs of filing and pursuing its initial protest because USAID unduly delayed taking corrective action in response to the initial protest, which was clearly meritorious, until almost two months after the initial protest was filed and after submitting a report on the protest; and (2) not be reimbursed the costs of filing and pursuing supplemental protest grounds, which were clearly severable from the initial protest bases, because USAID did not unduly delay, but took corrective action in response to these protest grounds within two weeks of these grounds being raised, before the agency report on the supplemental protest grounds was due.

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