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B-293348.3 1 (2004-10-25)

handle is hein.gao/gaocrptapkz0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity Reliability                                    of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Keeton Corrections, Inc.-Costs

          File:       B-293348.3

          Date:       October 25, 2004

          John G. DeGooyer, Esq., and David T. Ralston, Esq., Foley & Lardner, for the
          protester.
          Tracey L. Printer, Esq., Federal Bureau of Prisons, for the agency.
          Henry J. Gorczycki, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Request that GAO recommend the amount in protest costs the successful protester
          should be allowed to recover is denied where the claim was filed with the
          contracting agency more than 60 days after protester's counsel received a protected
          copy of the protest decision; protester's filing of a request for reconsideration did not
          toll the period for filing its claim, and there is no evidence of a compelling reason
          beyond the control of the protester which prevented the protester from timely filing
          the claim.
          DECISION

          Keeton Corrections, Inc. requests that we recommend the amount it should be
          allowed to recover from the Department of Justice, Federal Bureau of Prisons
          (BOP), for filing and pursuing its protest in Keeton Corrections, Inc., B-293348,
          Mar. 4, 2004, 2004 CPD   . In that decision, we sustained Keeton's protest against
          BOP's award of a contract to provide a residential Comprehensive Sanction Center
          in Nashville, Tennessee, and we recommended, among other things, that BOP
          reimburse the protester's cost of filing and pursuing its protest. In this regard, citing
          the requirement in our Bid Protest Regulation, 4 C.F.R. § 21.8(f)(1) (2004), our
          decision directed as follows: The protester should submit its certified claim for
          such costs, detailing the time expended and costs incurred, directly with the agency
          within 60 days of receiving this decision. Keeton Corrections, Inc., su-Dr, at 12.

          We dismiss the request because the protester did not file its certified claim for costs
          within 60 days of receipt of our decision.

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