Protest challenging award of a lease contract is dismissed. The agency took corrective action agreeing that it had erroneously awarded the contract. But the contract did not contain a termination for convenience. The agency was bound to accept performance from the awardee. The only remedy available to the protester was reimbursement of proposal costs. Because the agency had already offered the only available remedy, there was nothing for GAO to decide.
The General Services Administration awarded a lease contract to Imperium Equity Partners. An unsuccessful offeror, Dolphin Park TT, LLC, protested the award. GSA filed notice that it was going to take corrective action to reimburse Dolphin its proposal preparation costs. GSA noted that the contract did not have termination for convenience clause. As a result, GSA could not terminate the contract and proposal costs were the only remedy available. GSA asked GAO to dismiss the protest.
GAO agreed with GSA. GAO will not consider protests that have no practical consequences where GAO would in essence be issuing an advisory opinion. Here, because the contract did not contain a termination for convenience clause, the agency was bound by the contract and there was little GAO could do other than award proposal costs. GSA had already agreed to perform the full scope of activities that GAO would recommend. There was nothing left to decide.
Dolphin Park is represented by Richard J. Conway and Michael J. Slattery of Blank Rome LLP. The intervenor, Imperium Equity Partners, is represented by Diana Parks and Hadeel N. Masseoud of Curran Legal Services Group, Inc. The agency is represented by Gregory Swartzberg of the General Services Administration. GAO attorneys Glenn G. Wolcott and Christina Sklarew participated in the preparation of the decision.
