Protest Expenses

[KT Administrator]

I have the two following questions in relation to a protest by an unsuccessful offer and/or contractor.

1. When an unsuccessful offeror/contractor files a protest, the protest case is sustained and the contractor is recommended to submit certified claims for cost and the government is in a position to reimburse the filing cost including attorneys? fees, what agency is responsible to provide this fund. Is it RA (Requiring Agency/Element)?s responsibility or Contracting Agency?s responsibility?

2. Also, what year fund should be provided in terms of the contract award year funding or protest release year funding? If the contract was awarded in 2009 and the protest was dismissed in 2010, what fiscal fund is appropriate to mitigate this issue?

Thank you in advance for your input and advice?

KT Administrator

[Old-Dog]

It appears to me that the agency with the procurement funds should pay. I suggest review of the topic in GAO's Appropriations Law Volume I. Additionally, it is my opinion, that because of the bone fide need rule, the payment should be paid from the 2010 funds if that was the year that GAO sustained the protest.

Prior to GAO's decision there was no obligation.