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B-404916.2 1 (2011-08-15)

handle is hein.gao/gaobadohl0001 and id is 1 raw text is: J G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENTFoR-PUBICRELEASE 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: Power Connector, Inc. File: B-404916.2 Date: August 15, 2011 James J. McCullough, Esq., and Michael J. Anstett, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester. Christine M. Ciccotti, Esq., Department of Justice, Federal Prison Industries, Inc., for the agency. Charles W. Morrow, Esq., Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where, in response to an earlier protest, the agency took corrective action by amending the solicitation to change a material requirement under its past performance evaluation scheme, but improperly precluded offerors from making revisions to all aspects of their proposals, including price. DECISION Power Connector, Inc., of Bohemia, New York, protests the corrective action undertaken by the Department of Justice, Federal Prison Industries, Inc. (UNICOR) in response to its earlier protest (B-404916), which challenged the award of a contract to Newberger Brothers, Inc., of Chicago, Illinois under request for proposals (RFP) No. CT2038-1 1, for leather fabric. Power Connector argues that the RFP amendment issued by the agency as part of its corrective action resulted in a material change to the RFP's past performance criteria, but improperly and unreasonably limited offerors' opportunity to submit revised proposals. We sustain the protest. BACKGROUND UNICOR uses production facilities located in correctional institutions operated by the Federal Bureau of Prisons to produce various goods and services for government agencies. As relevant here, the National Park Service and General Services

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