Washington Business Journal by Lee Dougherty, Attorney, General Counsel PC Date: Friday, August 10, 2012, 11:51am EDT – Last Modified: Friday, August 10, 2012, 2:02pm EDT Much to the frustration of some contractors, only in the rarest of times should an agency override the stay of performance that typically comes when a contract is
Link: GAO Decision Protestor: Shaka, Inc. Agency: Department of the Army Disposition: Reimbursement of requested amount recommended, as well as costs of pursuing this claim. _____________________________________________________________________________________________________ GAO Digest: GAO recommends that protester’s claim for attorneys’ fees be reimbursed where the attorneys’ hours charged are documented and reasonable, and the agency has not identified any specific
Link: GAO Decision Protestor: NxGen Process Group, LLC Agency: Department of the Army Disposition: Request Dismissed ______________________________________________________________________________________________________ General Counsel PC Highlight: NxGen Process Group, LLC requested that the GAO recommend that it be reimbursed the costs of filing and pursuing its protest of the award to another firm of a contract for appraisal services. NxGen
Link: GAO Decision Protestor: Sourcelinq, LLC Agency: Department of the Army Disposition: Protest Denied. Request for Recommendation for Protest Costs Denied. _______________________________________________________________________________________________________________ GAO Digest: Protest is denied where agency reasonably determined that descriptive literature for equal product submitted by protester in response to brand name or equal solicitation failed to demonstrate compliance with specified salient
Link: GAO Opinion Agency: U.S. Army Corps of Engineers Disposition: Request denied. Keywords: Payment of Attorney’s Fees General Counsel P.C. Highlight: When a procuring agency takes corrective action in response to a protest, GAO may recommend reimbursement of protest costs, including reasonable attorneys’ fees, if GAO determines that the agency unduly delayed taking corrective action in
Link: GAO Opinion Agency: Department of Defense Disposition: Request granted in part, denied in part. Keywords: Award of Protest Costs and Attorney’s Fees General Counsel P.C. Highlight: In appropriate cases, GAO will limit its recommendation for the award of protest costs and attorney’s fees where a part of those costs is allocable to an unsuccessful protest
Link: GAO Opinion Agency: Department of the Army Disposition: Request granted. Keywords: Recovery of Attorney’s Fees General Counsel P.C. Highlight: When a procuring agency takes corrective action in response to a protest, GAO may recommend that the agency reimburse the protester its costs and attorney’s fees where, based on the circumstances of the case, it determines
Link: GAO Opinion Agency: Transportation Security Administration Disposition: Request granted. Keywords: Attorney Fee Cap General Counsel P.C. Highlight: In reimbursing attorney’s fees following a successful protest, an agency may pay more than the fee cap of $150 per hour where the increase is consistent with the Government’s Consumer Price Index. —————————————————————————————————————————– General Dynamics protested the award
Link: GAO Opinion Agency: Naval Sea Systems Disposition: Recommended Payment of Attorney’s Fees, Protest Costs Keywords: Costs and Fees General Counsel, P.C. Highlight: GAO will recommend an Agency pay the protester’s costs and attorney’s fees where the protester is successful in its protest, including when the Agency unduly delays taking corrective action in the face
Link: GAO Opinion Agency: Department of Homeland Security Disposition: Request granted. _________________________________________________________________________________________________________________ GAO Digest: Government Accountability Office has jurisdiction to hear protest of the award of a no-cost contract for provision of phone services to detainees in the custody of the Bureau of Immigration and Customs Enforcement because the contract concerns a procurement for services
Link: GAO Opinion Agency: Department of the Navy Disposition: Request granted. _________________________________________________________________________________________________________________ GAO Digest: Request that GAO recommend reimbursement of attorneys’ fees at a rate higher than the statutory cap of $150 per hour based on increase in cost of living is granted where claim filed with agency presented reasonable basis for adjustment. General Counsel