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B-411862 1 (2015-11-12)

handle is hein.gao/gaobadrpl0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: AECOM Technical Services, Inc. File: B-411862 Date: November 12, 2015 Richard B. O'Keeffe Jr., Esq., and William A. Roberts, III, Esq., Wiley Rein LLP; and James K. Lowe, Jr., Esq., AECOM Technical Services, Inc., for the protester. Gabriel D. Soil, Esq., Kevin Hilferty, Esq., Laura L. Hoffman, Esq., Adam DeDent, Esq., and Kimberly J. Graber, Esq., Department of Energy, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency's decision to reject the protester's proposal because it was submitted to an incorrect location within the FedConnect web portal is sustained where record shows that: the complete proposal was timely submitted; the agency was contemporaneously aware of the proposal's submission; the agency plans to make multiple awards, so that no other competitor can claim to have been meaningfully harmed by accepting the proposal; the proposal was out of protester's control and therefore could not have been altered or revised after the deadline for proposal submission had passed; and acceptance of the proposal as timely will enhance competition. DECISION AECOM Technical Services, Inc., of San Diego, California, protests the rejection of its proposal under request for proposals (RFP) No. DE-SOL-0006380, issued by the Department of Energy (DOE) for personnel, facilities, equipment, materials, supplies and services in connection with performing energy savings performance contract (ESPC) projects. AECOM argues that the agency improperly rejected its proposal. We sustain the protest. The solicitation contemplates the award of multiple indefinite-delivery, indefinite quantity (IDIQ) contracts that will be available for use by other federal agencies to issue task orders to perform ESPC projects such as the installation of energy and water conservation projects, or the acquisition of renewable energy technologies.

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