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B-295502 1 (2005-03-14)

handle is hein.gao/gaocrptaqui0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Liberty Power Corporation File: B-295502 Date: March 14, 2005 J. Alex Ward, Esq., and Kali N. Bracey, Esq., Jenner & Block, for the protester. Alison L. Doyle, Esq., and Jason N. Workmaster, Esq., McKenna, Long & Aldridge, for Pepco Energy Services, Inc.; Thomas C. Wheeler, Esq., Carl L. Vacketta, Esq., and Eliza P. Nagle, Esq., DLA Piper Rudnick Gray Cary, for Constellation NewEnergy, Inc., intervenors. Richard R. Butterworth, Esq., General Services Administration, and Kenneth Dodds, Esq., Small Business Administration, for the agencies. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where solicitation established an evaluation scheme providing for application of price evaluation adjustment on behalf of eligible small disadvantaged business (SDB) offerors, and agency, through its exchanges with protester prior to the submission of price proposals, led firm to believe that adjustment would be applied in the event that protester established its eligibility, agency cannot defend its failure to accord protester the preference on the basis that the preference in fact is not authorized; rather, having led protester to base its price proposal on the expectation that it would benefit from the SDB price evaluation adjustment if it established its eligibility, if agency believes adjustment is not authorized for this procurement, agency should amend the solicitation to delete adjustment and reopen discussions so as to permit offerors to submit revised proposals. 2. Contracting officer's determination to deny a small disadvantaged business (SDB) concern the benefit of an SDB price evaluation adjustment essentially on the basis that the SDB could not comply with this provision must be referred to the Small Business Administration for final determination.

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