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B-290125.2 1 (2002-12-18)

handle is hein.gao/gaocrptaoep0001 and id is 1 raw text is: G A 0 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: Jacobs COGEMA, LLC File: B-290125.2; B-290125.3 Date: December 18, 2002 Marc F. Efron, Esq., Thomas P. Humphrey, Esq., Elizabeth W. Newsom, Esq., and J. Catherine Kunz, Esq., Crowell & Moring, for the protester. Richard 0. Duvall, Esq., Craig A. Holman, Esq., and Kara L. Daniels, Esq., Holland & Knight, for Uranium Disposition Services, LLC, an intervenor. Gena E. Cadieux, Esq., Beth Kelly, Esq., Joseph A. Lenhard, Esq., and Mary D. Copeland, Esq., Department of Energy, for the agency. Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Statutory provision enacted after proposals were evaluated but before source selection decision was made, which directs Secretary of Energy to, notwithstanding any other provision of law, ask offerors to confirm or reinstate their offers within a certain time, select for award of a contract the best value of proposals for the solicitation's scope of work within 30 days of enactment, and negotiate with the awardee for certain contract modifications, does not remove the procurement from the coverage of the ordinarily applicable procurement laws and regulations, including those governing General Accounting Office jurisdiction over a protest of the procurement, where the statutory provision's requirements are not inconsistent with these ordinarily applicable procurement laws and regulations. 2. Protest that contracting agency improperly evaluated offerors' technical and cost proposals is denied where the record shows that the evaluation was reasonable and consistent with the stated evaluation criteria; source selection decision based upon the evaluation results was also reasonable, consistent with the stated evaluation criteria, and well supported. DECISION Jacobs COGEMA, LLC (JC) protests the award of a contract to Uranium Disposition Services, LLC (UDS) under request for proposals (RFP) No. DE-RP05-01OR22717, issued by the Department of Energy (DOE) for the design, construction, and operation of depleted uranium hexafluoride (DUF) conversion facilities at Paducah,

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