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B-410157.4 1 (2017-05-16)

handle is hein.gao/gaobadtlv0001 and id is 1 raw text is: GAOU.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 belowwassubjectto Decision a GAO Protective Order. Thisredacted version has been approved for public release. Matter of: American Commercial Group, Inc. File: B-410157.4 Date: May 16, 2017 Eric S. Galler, Esq., Galler Law Corporate Group, for the protester. Jason Blindauer, Esq., Food and Drug Administration, for the agency. Lois Hanshaw, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for recommendation that an agency reimburse the protester its costs of filing and pursuing protests is denied where the record does not establish that the grounds in the first protest were clearly meritorious, and the agency did not unduly delay taking corrective action in response to a second protest. DECISION American Commercial Group (ACG) requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the award of contract No. HHSF223201510167C to Laboratory Equipment Service, LLC (LES) by the Department of Health and Human Services, Food and Drug Administration (FDA) for operations and maintenance support of laboratory equipment at FDA's White Oak campus. The protester also requests reimbursement of its costs for filing and pursuing a prior protest based on the agency's alleged failure to implement the corrective action the agency promised to take in response to that protest. We deny the request. BACKGROUND On March 10, 2014, the agency issued solicitation No. 14-223-SOL-00021 as a set- aside for service-disabled veteran-owned small businesses (SDVOSB). The agency

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