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GAO-04-355R 1 (2004-01-30)

handle is hein.gao/gaobadxgg0001 and id is 1 raw text is: I 7nAccountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 B-158766 January 30, 2004 The Honorable J. Dennis Hastert Speaker of the House of Representatives Dear Mr. Speaker: This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (2000), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. There were two such occurrences during fiscal year 2003. The Two Fiscal Year 2003 Protests (1) Consolidated Eng'g Servs., Inc., B-291345, B-291345.2, Dec. 23, 2002, 2002 CPD 220 The first occurrence of an agency not fully implementing a bid protest decision involved a two-phase competition, pursuant to Office of Management and Budget (OMB) Circular A-76, to select a commercial offeror to compete against the government's most efficient organization (MEO) under the A-76 cost comparison process for the operation, maintenance, and repair of the Pentagon Heating and Refrigeration Plant (H&RP) in Arlington, Virginia. Consolidated Engineering Services, Inc. (CESI) protested the Department of Defense's (DOD) rejection, as technically unacceptable, of its proposal--the only one received from a commercial offeror in the private-sector portion of the A-76 competition--at the second phase of the competition, essentially for lack of relevant experience. We sustained CESI's protest by decision of December 23, 2002, concluding that neither the contemporaneous evaluation record nor testimony elicited at a hearing that we conducted in this matter reasonably supported the agency's decision. We recommended that the agency reinstate CESI's second-phase proposal into the competition and compare it with the government's MEO in accordance with the procedures set forth in OMB Circular A-76 and the Revised Supplemental Handbook. We also recommended that CESI be reimbursed the GAO-04-355R

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