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B-410268.2 1 (2015-01-05)

handle is hein.gao/gaobadqvm0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
     Accountability * Integrity * Reliability             of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of:   Palmetto Isotopes

         File:        B-410268.2

         Date:       January 5, 2015

         Tenley A. Carp, Esq., David Felt, Esq., and Eric D. Olson, Esq., Arnall Golden
         Gregory LLP, for the protester.
         Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Reimbursement of costs is not recommended where the agency did not unduly
         delay taking corrective action.
         DECISION

         Palmetto Isotopes requests that our Office recommend reimbursement of
         Palmetto's costs for filing a protest challenging the Department of Veterans Affairs'
         sole source extension of contract No. VA24714P3162 for certain
         radiopharmaceutical and non-radiopharmaceutical items.

         We deny the request.

         Palmetto filed its protest on August 21, 2014, alleging that the contract extension
         was improper. On August 29, the agency advised this Office, and Palmetto, that it
         was taking corrective action, stating that the challenged contract would be
         terminated. Thereafter, the agency posted a solicitation for the requirements to the
         Federal Business Opportunities (FedBizOpps) website. On September 9, we
         dismissed Palmetto's protest as academic.

         Where a procuring agency takes corrective action in response to a protest, we may
         recommend that it reimburse the protester its protest costs if we determine that the
         agency unduly delayed taking corrective action in the face of a clearly meritorious
         protest. See, e..L,Taylor Consultants, Inc.--Costs, B-400324.3, Feb. 2, 2009, 2009
         CPD    37 at 3. As a general rule, if an agency takes corrective action on or before
         the due date for its protest report, we regard such action as prompt and decline to

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