About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-284080.3 1 (2000-05-24)

handle is hein.gao/gaocrptakzh0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Department of the Navy--Modification of Remedy File: B-284080.3 Date: May 24, 2000 Kevin P. Connelly, Esq., Ronald L. Sigworth, Esq., John C. Lavorato, Esq., and Donald G. Featherstun, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for the protester. Stephen A. Elliott, Esq., Department of the Navy, for the protester. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency request that General Accounting Office modify a prior sustained decision by deleting recommendation that the protester be reimbursed the cost of pursuing its protest, including reasonable attorneys' fees, because the agency acted in good faith reliance upon information given it by another agency is denied, as recommendation for reimbursement of protest costs bears no relationship to whether agency acted in good faith, and is not intended to penalize the agency, but instead exists to relieve protesters of the financial burden of vindicating the public interests which Congress was seeking to promote when it passed the Competition in Contracting Act of 1984. DECISION The Department of the Navy requests that our Office modify the recommendation in our decision DRS Precision Echo, Inc., B-284080, B-284080.2, Feb. 14, 2000, 2000 CPD T 26, in which we sustained DRS's protest of the issuance of a purchase order by the Navy to TEAC America, Inc. for 238 cockpit video recorder systems for use on F/A-18 aircraft. Since TEAC's Federal Supply Schedule (FSS) contract with the General Services Administration (GSA) was not in effect at the time the Navy ordered the recorder systems, we held that the order was an improper sole-source award. The Navy does not ask that our Office reconsider the decision to sustain the protest, but requests that we delete the recommendation that DRS be reimbursed the cost of pursuing its protest, including attorneys' fees. Alternatively, the Navy asks that we