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B-404800.2,B-404800.3 1 (2011-08-24)

handle is hein.gao/gaobadohd0001 and id is 1 raw text is: 


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G              A     0                                                Comptroller General
c         ountabiity * Integrity * Reliability                        of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of: Al Procurement JVD--Costs

          File:        B-404800.2; B-404800.3

          Date:        August 24, 2011

          Derrick Storms, Esq., Storms and Associates, PA, for the protester.
          Maj. Christine C. Fontenelle, Department of the Army, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Reimbursement of costs of filing and pursuing protest is recommended where
          reasonable agency inquiry into initial protest allegations would have revealed that
          the protest was clearly meritorious because there were admitted inconsistencies in
          the agency's evaluation of the protester's past performance and the agency did not
          take corrective action until after the protester filed comments on the agency report.

          2. Request for reimbursement of costs for filing and pursuing a protest asserting that
          the agency unduly delayed implementation of promised corrective action is denied,
          where the agency took reasonably prompt steps to implement its promised
          corrective action.
          DECISION

          Al Procurement JVD (Al), a joint venture of Al Procurement LLC and Satellite
          Janitorial Company, Inc., of Miami, Florida, requests that our Office recommend the
          reimbursement of Al's costs of filing and pursuing a protest challenging the award of
          a contract to HamHed LLC, of New Albany, Indiana, by the Department of the Army
          under request for quotations (RFQ) No. W91 1SA-11 -T-0059. Al also requests that we
          recommend the reimbursement of its costs of filing and pursuing a subsequent
          protest, in which it argued that the Department of the Army did not timely implement
          its proposed corrective action.

          We recommend that the agency reimburse Al's costs of filing and pursuing its
          protest challenging the evaluation of its proposal. We deny the protester's request
          that we recommend reimbursement of the costs of Al's protest that the agency
          unduly delayed implementing its promised corrective action.