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B-410159.4 1 (2016-02-26)

handle is hein.gao/gaobadsfz0001 and id is 1 raw text is: 




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



           Decision


           Matter of:  Dellew Corporation

           File:       B-410159.4

           Date:       February 26, 2016

           Adam K. Lasky, Esq., Oles Morrison Rinker & Baker LLP, for the protester.
           Wade L. Brown, Esq., U.S. Army Materiel Command, for the agency.
           Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Where protest filed with the Government Accountability Office is denied and
           protester then files a protest on the same basis at the U.S. Court of Federal Claims
           in response to which agency takes corrective action, protester may not recover
           protest costs for the protest that was initially filed at GAO.
           DECISION

           Dellew Corporation requests that we recommend that the Department of the Army
           reimburse Dellew for the costs it incurred in filing and pursuing its protest
           challenging the Army's award of a task order to Tech Systems, Inc. (TSI), under
           basic ordering agreement (BOA) request for proposals (RFP) No. W52P1 J-1 3-R-
           0038, for logistics support services.

           We dismiss the request for costs.

           The solicitation provided for the task order to be issued on a best-value basis
           considering the following evaluation factors: technical (evaluated on an
           acceptable/unacceptable basis), past performance, and cost/price. When the
           agency subsequently issued the task order to TSI, Dellew, on November 24, 2014,
           filed a protest with our Office, during the course of which it argued, among
           assertions, that the agency failed to perform an adequate cost-realism analysis of
           TSI's proposal. We denied that protest on February 27, 2015. Dellew Corporation,
           B-410159.2, B-410159.3, Feb. 27, 2015, 2015 CPD T .

           On March 11, Dellew filed a protest at the U.S. Court of Federal Claims (COFC)
           again arguing that the agency failed to perform an adequate cost-realism analysis of

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