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B-240488.4 1 (1991-09-27)

handle is hein.gao/gaobadnyn0001 and id is 1 raw text is: ,44 92i4 Conptr ler General of the Uaited States WaasicomoV D.SOW Decision Matter of: International Transcription Services, Inc.-- Claim for Costs File: B-240488,4 Date: September 27, 1991 Julie L. Witcher, Esq., Saul, Ewing, Remick & Saul, for the protester. Robert C. Arsenoff, Esq., and John Brosnan, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where no determination has been made by the Comptroller General that a contract award violates law or regulation, protester is not entitled to an award of protest dosts. D'EC~~os .... --- - DECISION On July 19, 1990, International Transcription Services, Inc. (ITS) protested the award of a contract to Downtown Copy Center by the Federal Communications Commission (FCC), under solicitation No. RFP 90-03 for copying services. That protest was denied in our decision International Transcription Servs., Inc., B-240488, Nov. 28, 1990, 90-2 CPD 437. ITS then filed for reconsideration and its request was dismissed because the firm chose to raise identical issues in its court action, International Transcription Servs., Inc. v. United States, Civil Action No. 90-3129 (D. D.C. Jan. 23, 1991). See International Transcription Servs..,. Inc.--Recon., B-240488.2, Jan.'2, 1991. On January 23, 1991, the court found in favor of ITS and remanded the matter to the FCC for resolicitation. In light of the court's decision, ITS now requests that we award it the costs of pursuing its protest to the extent that it is not compensated by the District Court. Our authority to allow protest costs is governed by 31 U.S.C. § 3554(c) (1) (1988) which authorizes their award only (ijf the Comptroller General determines that . . . the award of a contract does not comply with a statute or regulation. . ..

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