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B-289211.5 1 (2002-05-02)

handle is hein.gao/gaocrptaocg0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting 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. Decision Matter of: Georgia Power Company; Savannah Electric and Power Company-- Costs File: B-289211.5; B-289211.6 Date: May 2, 2002 David K. Wilson, Esq., Troutman Sanders, for the protester. Steven W. Feldman, Esq., and Craig R. Schmauder, Esq., U.S. Army Corps of Engineers, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency unduly delayed taking corrective action until after submission of the agency report and the protesters' comments in the face of clearly meritorious protests that the agency did not, as contemplated by the solicitation, reasonably evaluate whether the awardee's past performance was for services similar in size, magnitude, and complexity to the solicitation requirement; General Accounting Office recommends that the protesters be reimbursed for the costs of filing and pursuing their protests. DECISION Georgia Power Company and Savannah Electric and Power Company request that our Office recommend that the firms be reimbursed the reasonable costs of filing and pursuing protests they filed, on October 19, 2001, challenging awards made to Canoochee Electric Membership Cooperative by the U.S. Army Corps of Engineers under request for proposals (RFP) No. DAC87-01-R-0005 for the privatization of electric distribution services at Fort Stewart and Hunter Army Airfield (AAF). On December 12, 2001, after receipt of the protesters' comments on the agency's report, the Corps took corrective action in response to the protests. Based upon the promised corrective action, we dismissed the protests as academic. The protesters contend that the Corps unduly delayed taking corrective action in the face of clearly meritorious protests. We grant the protesters' requests and recommend that the agency reimburse the protesters their reasonable costs of filing and pursuing the protests.

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