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You Can Recover Bid Protest Costs Even If Your Protest Is Unsuccessful

Tuesday, September 04, 2007 12:42 pm

You Can Recover Bid Protest Costs Even If Your Protest Is Unsuccessful

The comptroller general (CG) partially reimbursed a company the costs of filing and pursuing a bid protest, holding that two of the protestors' grounds were clearly meritorious. The CG held that the remaining grounds, which were severable, were without merit and therefore non-reimbursable.

Panacea Consulting, Inc. (Panacea) protested the Department of Labor's issuance of delivery orders to Systems Integration and Development, Inc. (SID). Panacea originally put forth two grounds for reimbursement, and later submitted two additional grounds. The parties were required to submit the issues to an outcome prediction alternative dispute resolution conference, after which a Government Accountability Office (GAO) attorney declared that although Panacea's original claims were without merit, its supplemental claims were meritorious. Based on this decision, the Department of Labor informed the CG that it would reevaluat [...]

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