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B-292768.5 1 (2004-03-25)

handle is hein.gao/gaocrptapia0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Department of the Army-Modification of Remedy File: B-292768.5 Date: March 25, 2004 Richard B. Oliver, Esq., and Gregory M. Murphy, Esq., McKenna Long & Aldridge, for the protester. Capt. Tami L. Dillahunt, Army Materiel Command, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest costs, including attorneys' fees, need not be allocated between protest issue that was sustained and issues that were not addressed or denied in decision where all issues were related to the same core allegation, which was sustained; since issues not addressed or denied were not distinct and severable from the sustained issue, attorneys' fees relating to those issues are reimbursable. DECISION The Department of the Army requests that our Office modify our decision, Continental RPVs, B-292768.2, B-292768.3, Dec. 11, 2003, 2004 CPD -, insofar as that decision recommended that the protester be reimbursed the costs of filing and pursing its protests, including reasonable attorneys' fees. The agency contends that it should not be required to pay attorneys' fees concerning protest issues on which the protester was unsuccessful. We affirm our decision. Continental protested the award of a contract to Griffon Aerospace, Inc. under request for proposals (RFP) No. DAAHO1-02-R-0158, issued by the Army Aviation and Missile Command (AMCOM), Department of the Army, for the acquisition of an aerial remotely piloted vehicle target (RPVT) system and services. Continental argued that AMCOM's evaluation of proposals, including the evaluation of Griffon's past performance, was unreasonable and that the resulting award decision was improper.