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B-291345 1 (2002-12-23)

handle is hein.gao/gaocrptaoiv0001 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: Consolidated Engineering Services, Inc.

          File:        B-291345; B-291345.2

          Date:        December 23, 2002

          William A. Roberts, III, Esq., Timothy W. Staley, Esq., and Jonathan L. Kang, Esq.,
          Wiley Rein & Fielding, for the protester.
          John S. Albanese, Esq., and Andrew B. Blumenfeld, Esq., Department of Defense,
          for the agency.
          Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is sustained where the record fails to reasonably support the agency's
          decision to eliminate from consideration as technically unacceptable the only
          proposal received from a commercial offeror in the private-sector portion of the
          competition conducted pursuant to Office of Management and Budget Circular A-76.
          DECISION

          Consolidated Engineering Services, Inc. (CESI) protests the decision of the
          Department of Defense (DOD) to eliminate from consideration its proposal to
          operate, maintain, and repair the Pentagon Heating and Refrigeration Plant (H&RP)
          in Arlington, Virginia. CESI argues that the agency's decision was unreasonable.

          We sustain the protest.

          BACKGROUND

          The Pentagon H&RP requirements at issue here are for steam production, chilled
          water production, electrical distribution, steam distribution, chilled water
          distribution, and sewage. Historically, the annual operating cost of the Pentagon
          H&RP has been approximately $5.4 million. Agency Report (AR), Tab 1, Acquisition
          Plan, at 1. On May 11, 2001, pursuant to the provisions of Office of Management and
          Budget (OMB) Circular A-76, the agency issued solicitation No. MDA946-00-R-0034 in
          order to select a commercial offeror to compete against the government's most

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