Matter of: American Imaging Services, Inc.-- Request for Declaration of Entitlement to Costs File: B-246124.4 Date: December 30, 1992
Highlights
PROCUREMENT Bid Protests GAO procedures Preparation costs Amount determination Protester is not entitled to the costs of pursuing its claim for costs before the General Accounting Office. Requests that our Office determine the amount of the costs to which AIS is entitled pursuant to our decision sustaining AIS' protest. We found that AIS was entitled to recover from the Department of the Air Force the reasonable costs of filing and pursuing AIS' protest. AIS filed this request because the agency and the protester were unable to reach agreement as to the amount of recoverable costs. The Air Force advised our Office that it was withdrawing its earlier objection to the protester's claim for costs and that it does not oppose a finding that AIS is entitled to recover the amount it sought.
Matter of: American Imaging Services, Inc.-- Request for Declaration of Entitlement to Costs File: B-246124.4 Date: December 30, 1992
PROCUREMENT Bid Protests GAO procedures Preparation costs Amount determination Protester is not entitled to the costs of pursuing its claim for costs before the General Accounting Office, where the agency withdraws its objection to the amount of costs claimed within 3 weeks of the protester's submission of a statement substantiating its claim.
Attorneys
DECISION American Imaging Services, Inc. (AIS), requests that our Office determine the amount of the costs to which AIS is entitled pursuant to our decision sustaining AIS' protest, American Imaging Servs., Inc., B-246124.2, Feb. 13, 1992, 92-1 CPD Para. 188. In that decision, we found that AIS was entitled to recover from the Department of the Air Force the reasonable costs of filing and pursuing AIS' protest, including attorneys' fees.
AIS filed this request because the agency and the protester were unable to reach agreement as to the amount of recoverable costs. Subsequently, the Air Force advised our Office that it was withdrawing its earlier objection to the protester's claim for costs and that it does not oppose a finding that AIS is entitled to recover the amount it sought. This action by the Air Force renders academic the protester's request to our Office. Since it is not our practice to consider academic questions, the request to determine the amount of costs is dismissed. See East West Research, Inc.--Recon., B-233623.2, Apr. 14, 1989, 89-1 CPD Para. 379.
AIS also requests that our Office declare the protester entitled to the costs of pursuing the claim for costs before our Office. The p recovery, 4 C.F.R. Sec. 21.6(f)(2) (1992), is to encourage expeditious agreement between a successful protester and the contracting agency as to the quantum of the recoverable costs. Here, the delay in the agency's agreement to the quantum of the cost claim was not so great as to warrant finding the protester entitled to the costs of pursuing its cost claim. Accordingly, we find that AIS is not entitled to recover those costs.