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B-408907.3,B-408907.4,B-408907.5,B-408907.8,B-408907.9 1 (2013-01-31)

handle is hein.gao/gaobadqbq0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
r       Accountablity * 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.
           D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   ECC Renewables, LLC; Pacific Power, LLC

           File:        B-408907.3; B-408907.4; B-408907.5; B-408907.8; B-408907.9

           Date:        January 31, 2014

           Richard B. Oliver, Esq., and J. Matthew Carter, Esq., McKenna Long & Aldridge
           LLP, for the protesters.
           Margaret P. Simmons, Esq., and Kathryn R. Sommerkamp, Esq., Department of the
           Army, Corps of Engineers, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Source selection authority reasonably excluded protesters' proposals from
           competitive range where she reasonably concluded that protesters could not easily
           overcome deficiencies in their proposals pertaining to their failure to submit the
           requisite number of acceptable projects to demonstrate their financial capability.
           DECISION

           ECC Renewables, LLC, (ECC-R) of Burlingame, California, and Pacific Power, LLC,
           (PPL) of Boca Raton, Florida, protest the elimination of their proposals for wind
           technology from further consideration by the Department of the Army, Corps of
           Engineers under request for proposals (RFP) No. W912DY-1 1-R-0036. PPL also
           protests the elimination of its proposal for biomass technology from further
           consideration under the same RFP. The protesters argue that the agency
           unreasonably excluded their proposals from the competitive ranges for the two
           technologies.

           We deny the protests.

           BACKGROUND

           The agency issued the solicitation to acquire reliable, locally-generated, renewable
           and alternative energy. In this connection, the solicitation advised offerors that the
           government intended to purchase only the energy that was produced and not to
           acquire any generation assets; accordingly, the contractor was to be responsible for

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