J&J/BMAR Joint Venture, LLP--Costs, B-290316.7, July 22, 2003
B-290316.7: Jul 22, 2003
DIGEST Protester's request for a recommendation that it be reimbursed the cost of filing an earlier protest challenging a cost comparison under Office of Management and Budget Circular A-76 is denied where the agency did not unduly delay implementing the promised corrective action that caused our Office to dismiss the protest as academic. 2002 based on the Army's advice that it was taking corrective action in the procurement. The Army stated that it would set aside the cost comparison that was being protested. Such recommendations are generally based upon a concern that an agency has taken longer than necessary to initiate corrective action in the face of a clearly meritorious protest. We will also award protest costs in certain circumstances where an agency unduly delays the implementation of promised corrective action that led to the dismissal of an earlier protest.