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B-271039.2 1 (1996-05-15)

handle is hein.gao/gaocrptaeck0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Lawn Service, Inc.--Entitlement to Costs File: B-271039.2 Date: May 15, 1996 Henry P. Wall, Esq., Haynsworth, Marion, McKay & Guerard, for the protester. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not entitled to protest costs where the agency took corrective action in response to the protest approximately 1 month after the protest was filed and before filing a report defending against the protest. DECISION American Lawn Service, Inc. requests that we recommend that it be reimbursed for its costs of pursuing its protest against the award of a contract to Maintenance Engineers under request for proposals (RFP) No. N62755-94-R-2826, issued by the Department of the Navy, Naval Facilities Engineering Command, for grounds maintenance and tree trimming services for Central and West Oahu, Hawaii. We deny the request. American Lawn first protested the award to Maintenance Engineers on August 11, 1995. We sustained that protest in American Lawn Serv., Inc., B-267715, Dec. 20, 1995, 95-2 CPD 278. We recommended that the agency either evaluate proposals based on the best value basis stated in the RFP, including a price realism provision which apparently was not adequately considered, or amend the RFP to provide for award on a lowest-priced, technically acceptable basis and solicit revised proposals on that basis. We also found that American Lawn was entitled to reimbursement of its costs of pursuing that protest. In response to our decision, the agency again selected Maintenance Engineers's proposal for award on a best value basis. American Lawn protested this action to our Office on February 5, 1996. On February 8, the agency informed our Office that it was considering corrective action in response to the protest. On March 11, the agency notified our Office that it had amended the RFP to provide for award on a lowest-priced, technically acceptable basis and would request revised proposals. We dismissed American Lawn's second protest because the agency had taken 1128515