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B-278732 1 (1998-03-09)

handle is hein.gao/gaocrptahqa0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Strategic Resource Solutions Corporation File: B-278732 Date: March 9, 1998 James C. Dever, III, Esq., Maupin Taylor & Ellis, P.A., for the protester. John E. Lariccia, Esq., and Capt. Christopher J. Aluotto, Department of the Air Force, for the agency. Jennifer Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where, pursuant to 10 U.S.C. § 2865 (authorizing simplified method of awarding energy savings performance contracts (ESPC), including use of a list of prequalified firms), agency initiated process of selecting firms for award of ESPCs in 1997, agency reasonably limited consideration of firms to those on the 1997 prequalified list, the only list available at the time. Even though the actual selection will not be made until 1998, agency is not required to consider firms which subsequently were included on the 1998 list; the resulting delay and cost would be inconsistent with the simplified and cost-conscious selection process authorized by the statute and the statutory goal of accelerating the use of ESPCs. 2. Agency did not violate 10 U.S.C. § 2319 (regarding imposition of qualification requirements) by refusing to allow protester, which was able to demonstrate its qualifications prior to the date of award, to submit an offer for an energy savings performance contract, since statute governing award of such contracts by the Department of Defense, 10 U.S.C. § 2865, does not require that all qualified firms be permitted to submit offers. DECISION Strategic Resource Solutions Corporation (SRS) protests the restriction of competition for four Energy Savings Performance Contracts to be awarded by the Department of the Air Force to companies on the 1997 List of Prequalified Energy Savings Performance Contractors for the Department of Defense. The solicitations at issue are request for proposals (RFP) Nos. F0426-98-R-0101; F44650-98-R-0002; F08637-97-R-6009; and F41689-97-R-0030. SRS, which was not on the 1997 prequalified list (having not been incorporated in time to apply for it), but which is

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