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B-412548.5 1 (2016-08-24)

handle is hein.gao/gaobadsns0001 and id is 1 raw text is: 




          G     A    O                                                    Comptroller General
.Accountability * Integrity * Reliability                                  of the United States
  United States Government Accountability Office  DOCUMENT FOR PUBLIC RELEASE
  Washington, DC 20548                                 The decision issued on the date below wassubjectto
                                                       a GAO Protective Order. This redacted version has
                                                       been approved for public release.
           Decision                                                                      ....-.--------------


           Matter of:   Brandes Associates Inc.

           File:        B-412548.5

           Date:        August 24, 2016

           Jason A. Carey, Esq., J. Hunter Bennett, Esq., Kevin T. Barnett, Esq., and
           Wesley W. Wintermyer, Esq., Covington & Burling, LLP, for the protester.
           Samantha M. Basso, Esq., Department of the Navy, for the agency.
           Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           Request for recommendation that agency reimburse protester's costs is denied
           where agency took prompt corrective action in response to a supplemental protest
           and to newly-discovered information that was not previously available to the
           agency.
           DECISION

           Brandes Associates, Inc., of Lone Tree, Colorado, requests that our Office
           recommend that the Department of the Navy reimburse attorneys' fees and costs
           that the firm incurred in filing and pursuing a protest under request for proposals
           (RFP) No. N00024-13-R-3157, issued by the Navy to procure program
           management services, after the Navy took voluntary corrective action in response to
           the protest. Brandes argues that the agency did not take timely corrective action in
           the face of a clearly meritorious protest.

           We deny the request.

           BACKGROUND

           On December 14, 2015, Brandes filed a protest with our Office challenging the
           agency's decision to issue a task order to American Electronics, Inc. (Amelex), after
           a competition between small businesses under the agency's Seaport-e multiple-
           award task order contract. Brandes challenged various aspects of the evaluation of
           proposals, including that the awardee had engaged in an improper bait and switch
           of key personnel, or failed to inform the agency that various key personnel were

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