East Penn Manufacturing Company, Inc.--Costs, B-291503.4, April 10, 2003
B-291503.4: Apr 10, 2003
DIGEST Request for recommendation for reimbursement of costs for filing and pursuing protest is denied. Where the record does not establish that protest was clearly meritorious. Offerors were to provide separate pricing for DVD and depot delivery. Although some issues were resolved to East Penn's satisfaction. Others were not. We decided that a hearing was necessary to complete the record in this protest. A pre-hearing conference was conducted to identify the hearing issues. Of the issues. /1/ Further negotiation assistance ADR was conducted on February 5. No hearing was held. East Penn's protest was dismissed by our Office as academic on February 11. East Penn's protest was clearly meritorious.".