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B-416681.7 1 (2019-08-30)

handle is hein.gao/gaobadzzz0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we D ecision are therefore releasing the decision in its entirety. Matter of: BAI, Inc.--Costs File: B-416681.7 Date: August 30, 2019 Todd R. Overman, Esq., and Sylvia Yi, Esq., Bass Berry & Sims, PLC, for the requester. James C. Caine, Esq., Department of Homeland Security, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request that GAO recommend that agency reimburse the protester's costs of filing and pursuing its earlier protests, of preparing its proposal, and of the request itself, is denied where the initial protest was not clearly meritorious and where the agency took prompt corrective action in response to a supplemental protest. DECISION BAI, Inc., of Alexandria, Virginia, a small business, requests that our Office recommend that the Department of Homeland Security (DHS) reimburse the firm for the reasonable costs of filing and pursuing its protest, of preparing its quotation, and of pursuing this cost claim, with respect to request for quotations (RFQ) No. 70LGLY18RSSBO003, for commercial information technology support services for the Federal Law Enforcement Training Center in Glynco, Georgia. We dismissed the protest as academic on June 21, 2019, based on the agency's announced corrective action that included terminating the award and resoliciting the procurement. We deny the request. Our Bid Protest Regulations, 4 C.F.R. § 21.8(e), provide that we may recommend that an agency pay protest costs where the agency decides to take corrective action in response to the protest. We will make such a recommendation only where the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. CSL Birmingham Assocs.: IRS Partners-Birminqham--Entitlement to Costs, B-251931.4, B-251931.5, Aug. 29, 1994, 94-2 CPD 82 at 3. As a general rule, so long as an agency takes corrective action by the due date of its agency report, we regard the action as prompt, and will not consider a request to recommend reimbursement of