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B-270514.2 1 (1996-02-13)

handle is hein.gao/gaocrptadzi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: All Marine Services, Ltd.--Entitlement to Costs File: B-270514.2 Date: February 13, 1996 Martin P. Willard, Esq., Perkins Coie, for the protester. W. Michael Rose, Esq., Department of Transportation, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not entitled to the costs of filing and pursuing its protest, where the protest elicited corrective action on the part of the agency 1 month after it was filed with the General Accounting Office, even though the protester had raised the issue with the agency prior to filing its protest. DECISION All Marine Services, Ltd. (AMS) requests that our Office declare the firm entitled to recover the costs of filing and pursing its protest of the Maritime Administration's (MARAD) award of a contract to Crowley Maritime Corporation. The contract in question covered work formerly covered by AMS' ship manager contract No. DTMA91-93-C-00054, which had been terminated for the convenience of the government. In its November 13, 1995 protest, AMS requested that its former contract be reinstated. We find that the protester is not entitled to recover the costs of filing and pursuing its protest. On December 14, 5 days prior to the due date for filing its agency report, MARAD took corrective action by offering to reinstate AMS' contract. We dismissed the protest as academic on December 19.1 'In its request for costs, AMS had alleged that MARAD had not offered it reinstatement on the same basis as other contractors and so requested that our Office reconsider our dismissal and retain jurisdiction until MARAD took the corrective action it had promised. It is now undisputed that MARAD did offer AMS contract reinstatement on the same terms as other ship manager contracts and AMS agreed to these terms, hence, we have no basis to reconsider our dismissal. 110825