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B-400340.8 1 (2010-05-20)

handle is hein.gao/gaobadbhs0001 and id is 1 raw text is: 


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A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

              D  ..
          Decision


          Matter  of: Transportation Security Administration--Costs

          File:       B-400340.8

          Date:       May  20, 2010

          Christian F.P. Jordan, Esq., Transportation Security Administration, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Request that GAO recommend  reimbursement  of attorneys' fees at a rate higher than
          the statutory cap of $150 per hour based on increase in cost of living is granted
          where claim filed with agency presents reasonable basis for adjustment, and agency
          does not object to request.
          DECISION

          The Transportation Security Administration (TSA), with the concurrence of General
          Dynamics  One Source, requests that we recommend that General Dynamics be
          reimbursed attorneys' fees at a rate higher than the $150 per hour statutory rate cap
          in connection with a bid protest in which General Dynamics prevailed.

          We grant the request, as discussed below.

          General Dynamics, a large business (along with a second protester, Unisys
          Corporation), protested the award of a contract to Computer Sciences Corporation
          under request for proposals (RFP) No. HSTS03-08-R-CIO903, issued by TSA for
          computer support services. We sustained the protests and, in addition to corrective
          action, recommended that the agency reimburse the protesters' costs associated
          with filing and pursuing their protests, including reasonable attorneys' fees. General
          Dynamics  One Source, LLC; Unisys Corp., B-400340.5, B-400340.6, Jan. 20, 2010,
          2010 CPD ¶ 45.

          General Dynamics subsequently filed a claim for protest costs with the agency,
          which included a request for reimbursement of attorneys' fees at a rate higher than
          the statutory maximum rate of $150 per hour. The agency advises our Office that the
          request is fully substantiated and explained, and that it has no objection. TSA Letter,