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Pepe, roger that. Do you know of any precedent of accepting claims after the 60 window? The word "may" IAW FAR 33.104 (h)(2) (also 4 CFR 21.8 (f)(1)) seems like there is some flexibility.

Retread, thank you for your input. Why would you not burden the outside attorney fees? Isn't there G&A costs associated with using an outside attorney such as time with the CEO, AR, AP, etc? Hypothetically, if the contractor made a time card with a task code for working on the project and documented their hours on it, would that be the way to get back the G&A expenses? (Assuming you bill the wrap rate for the employee.)

H2H, I use the term claim because FAR 33.104 (h)(2) uses the term claim. I have never actually been involved with this process so I do not know how it actually works. But once again, thank you for taking the time to discuss this hypothetical.

H2H and Pepe, I really appreciate your prompt and concise guidance. I have one final question. If the GAO makes a recommendation that the agency should reimburse the protest costs, the claim should include the indirect costs of that protest as well since it cannot recoup them in their rate their indirect cost rates due to protest cost disallowance? If this claim was accepted, would that mitigate all the costs theoretical inccured by the agency's error?

H2H, you are quick! In situation 1., does this negatively affect the contractor's OH rate? Since some of their indirect costs are disallowed? Do you know of any other situations where the Government reimburses non-allowable costs? (Sorry I am very weak in CAS)

Hello all. (Long long long time lurker here) After 8 years of lurking, my first post will be regarding cost allowability for protest costs that are reimbursed by the Government due to GAO recommendations that the Government reimburses a contractor's protest cost after the contractor's protests were sustained. The situation: Company protests Government's source selection process with the GAO and the GAO sustains the protest. Contractor goes from losing the award to winning an award under a MAC IDIQ contract. The GAO recommends reimbursement of the protest costs as per FAR 33.103 (h). The Government reimburses contractor 50k in protest costs. FAR 31.205- 47 (f)(8) states "Costs not covered elsewhere in this subsection are unallowable if incurred in connection with Protests of Federal Government solicitations or contract awards, or the defense against protests of such solicitations or contract awards, unless the costs of defending against a protest are incurred pursuant to a written request from the cognizant contracting officer. After reading through FAR 31.205-47, I do not find this cost covered under any other part of the subsection. Does that mean while the Government reimbursed the costs, they're still unallowable? If this is true, are there any other situations which the Government reimbursed costs but they're not considered allowable? Hypothetically, if the protest was not sustained but resolved through a Agency Corrective Action that stated if the contractor agreed to drop the protest fees they would be put on the award, these would unreimbursed costs for the Government not following regulations? Side question related to if the contractor failed to put in a claim of costs within 60 days as per FAR 33.103 (h) (2) they may forfeit their right to the costs. Does anyone know of any case studies where a contractor submitted a claim for their GAO recommend cost reimbursement of protest costs after the 60 days or something similar and was successful? The word "may" has me curious. Sorry if it is a bit long winded, it has been 8 years in the making! Thank you in advance!