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B-258655.2 1 (1997-07-16)

handle is hein.gao/gaobacxzm0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Innovative Refrigeration Concepts--Claim for Costs File: B-258655.2 Date: July 16, 1997 Richard D. Lieberman, Esq., Sullivan & Worcester, for the protester. Gregory H. Petkoff, Esq., Department of the Air Force, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a protester, seeking the recovery of its bid preparation and protest costs incurred by its employees, fails to adequately document its claim to show that the hourly rates, upon which its claim is based, reflect its employees' actual rates of compensation plus reasonable overhead and fringe benefits, but not profit, the costs cannot be recovered. 2. Attorneys' fees and costs incurred by the protester after the agency offered to settle the protest of the award of the fully performed contract by reimbursing the protester's bid preparation and protest costs were essentially unnecessary and should not be reimbursed where under the circumstances the rejected settlement offer provided all the relief that could have been obtained through the protest process. DECISION Innovative Refrigeration Concepts (IRC) requests that our Office determine the amount it is entitled to recover from the Department of the Air Force for its costs of preparing its bid under invitation for bids (IFB) No. F28609-94-B-0030 and for filing and pursuing its protest in Innovative Refrigeration Concepts, B-258655, Feb. 10, 1995, 95-1 CPD ¶ 61. The IFB, issued as a total small business set-aside, sought bids for a chiller on a brand name or equal basis. Although the IFB identified the make and model of a large business for the brand name, the IFB required that the small business bidders offer only products manufactured by a small business. We sustained IRC's protest that the awardee's bid was nonresponsive because the awardee proposed to furnish the product of a large business in violation of the small business set-aside provisions of the IFB. As the chiller had been delivered and installed soon after II

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