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 had challenged both the finding that its proposal was technically unacceptable as well as the contract award. The agency elected to take corrective action before the filing of its agency report. NxGen then sought reimbursement of its protest costs.
Although the GAO may reimburse protest costs where the agency elects to take corrective action, it noted that it only does so where the agency unduly delayed its decision to take corrective action in the face of a clearly meritorious protest. Finding the agency’s actions in this case to be prompt, the GAO declined to recommend reimbursement.
Protestors must remember that they are not necessarily entitled to reimbursement of their protest costs where the agency undertook corrective action. Particularly where the agency takes corrective action before the agency report is due, the GAO is unlikely to recommend reimbursement. However, protestors should always maintain detailed records of their protest costs and hours worked, broken down by particular issue protested, in case they attempt to seek reimbursement.