The agency took corrective action in response to a protest. The protester argued that it was entitled to reimbursement of protest costs because before taking corrective action, the agency had requested dismissal, and the protester had successfully defended against the request. But GAO found that denial of a request for dismissal does not mean the protester has prevailed or that the protest was meritorious. The denial merely means that GAO requires further development of the record.
RBVetCo, LLC dba Rocky Bleier Construction Group–Costs, GAO B-420698.2
BackgroundÂ
The Department of Veterans Affairs awarded a contract for a boiler plant renovation. An unsuccessful offeror, RBVetCo, protested. The VA requested dismissal of the protest, but GAO denied the request.
Thereafter, before the agency report was due, the VA took corrective action to re-solicit the requirements. RBVetCo then requested reimbursement of its protest costs.
Analysis
GAO will recommend reimbursement of protest costs if, in the face of clearly meritorious protest, the agency takes corrective action after filing the agency report. Here, the agency took corrective action before the agency report. RBVetCo, however, claimed that it had prevailed because it had mounted a successful defense to the agency’s request for dismissal.
But GAO reasoned that while it may have declined to dismiss the protest, this did not mean the protest was clearly meritorious or that the protester had successfully defended against the protest. Rather, the denial of request for dismissal only showed that GAO required further development of the record.
RBVetCo is represented by D. Matthew Jameson, III of Burns White LLC. The agency is represented by Steven E. Devine of the Department of Veterans Affairs. GAO attorneys Elizabeth R. Walsh and Scott H. Riback participated in the preparation of the decision.
