[Request for Reconsideration of Protest of IHS Contract Award]

The Department of Health and Human Services requested reconsideration of a sustained protest concerning an Indian Health Service contract award. GAO had held that HHS should terminate the original awardee's contract and make award to the protester. In its request for reconsideration, HHS contended that: (1) GAO should modify its recommendation, so that the original awardee could finish performing the contract; and (2) it should pay the protester's legal fees for its bid and protest costs. GAO held that both HHS and the original protester agree that the termination of the original contract was not in the best interest of either parties. Accordingly, the protest was sustained, and GAO recommended that HHS reimburse the protester for its protest costs.