Asking Too Much? GAO Grants Only 1% of Protester’s Claimed Costs

While GAO regulations allow GAO to recommend an agency reimburse a protester’s costs if the agency takes corrective action, recouping costs can still be an uphill battle.

In AeroSage, LLC, B-416381.6 (Comp. Gen. Mar. 13, 2019, decided before GAO last week, a protester requested $26,450 in costs, but was only reimbursed its initial filing fee, approximately 1 % of that amount.

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GAO: Where RFP Requirements Clearly Not Met, Protest Costs Reimbursable

As Koprince Law attorneys have discussed in depth, GAO will in some instances award costs for a clearly meritorious protest where an agency does not take corrective action before the due date for the agency report. But what are the standards for a “clearly meritorious” protest?

It’s instructive to look at a recent GAO decision that reviewed protest grounds dealing with past performance evaluation and a requirement that the Army be able to set up the proposed product within 60 seconds.

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