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B-421102.5 Aug 09, 2023 1 (2023-08-09)

handle is hein.gao/gaopav0001 and id is 1 raw text is: 



                   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
Decision                                  a GAO Protective Order. This version has been
                                          approved for public release.


Matter of:  Avon  Protection Systems, Inc.--Costs

File:        B-421102.5

Date:       August 9, 2023

Jonathan D. Shaffer, Esq., and Michael J. Maroulis, Esq., Haynes and Boone, LLP, for
the protester.
Stuart J. Anderson, Esq., and Gwendolyn A. laci, Esq., Department of the Navy, for the
agency.
Anh-Thi H. Le, Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Request that GAO  recommend  reimbursement of protest costs is granted where
challenge to the agency's conduct of discussions as part of corrective action taken in
response to an earlier protest was clearly meritorious and the agency unduly delayed
taking corrective action.
DECISION

Avon Protection Systems, Inc. (Avon), of Cadillac, Michigan, requests that we
recommend   the firm be reimbursed the reasonable costs of filing and pursuing its
protest challenging the scope of the agency's corrective action taken in response to
Avon's previous protest challenging the agency's evaluation and award made under
request for proposals (RFP) No. N00024-21-R-6410. The Department of the Navy
issued the RFP for the production of a multi-mission underwater breathing apparatus
and associated services. The requester contends the agency failed to take prompt
corrective action in response to a clearly meritorious protest ground.

We  grant the request.

BACKGROUND

The agency  issued the solicitation on June 24, 2021, pursuant to the procedures in
Federal Acquisition Regulation (FAR) part 15, seeking the production of a Multi-Mission
Underwater Breathing Apparatus (MMUBA),  required support equipment, and
associated engineering support services. Agency Report (AR) for B-421102 et al.,