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B-401298.3 1 (2009-11-05)

handle is hein.gao/gaobadbbd0001 and id is 1 raw text is: JiL AL A - GA O Comptroller General f.l! Accountabii1ty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Alsalam Aircraft Company--Costs File: B-401298.3 Date: November 5, 2009 Kevin P. Mullen, Esq., Gregory A. Smith, Esq., David E. Fletcher, Esq., and Christopher J. Kimball, Esq., Cooley Godward Kronish LLP, for the protester. Vera Meza, Esq., and Kim Tycer, Esq., Department of the Army, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester is entitled to reimbursement of costs of filing and pursuing protest where agency did not take corrective action in response to a protest until after submission of agency report, and does not dispute that the protest grounds were clearly meritorious. 2. For a procurement conducted under the Foreign Military Sales program, neither the Competition in Contracting Act, nor the Arms Export Control Act, bars GAO from recommending that the agency reimburse a successful protester's costs of filing and pursuing a protest, or bars the agency from making such reimbursement. DECISION Alsalam Aircraft Company of Riyadh, Saudi Arabia, requests that we recommend that the company be reimbursed the costs of filing and pursuing its protest challenging the award of a contract to DynCorp International, LLC of Fort Worth, Texas, by the Department of the Army, U.S. Army Materiel Command, under request for proposals (RFP) No. W58RGZ-08-R-0107 for support services for the Royal Saudi Land Forces Aviation Command. Alsalam argued in its protest that the Army's technical and cost evaluations were flawed, and the agency subsequently took corrective action in response to the protest. We grant the request.