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B-292699.4 1 (2004-02-24)

handle is hein.gao/gaocrptaphv0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Consortium HSG Technischer Service GmbH and GeBe Gebaude- und Betriebstechnik GmbH Sidwest Co., Management KG File: B-292699.4 Date: February 24, 2004 Reed L. von Maur, Esq., for the protester. Maj. Gregg A. Engler, Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's corrective action, taken in response to an earlier General Accounting Office protest, of reopening discussions and requesting revised proposals, rather than reevaluating existing offers, is denied where the record shows that the agency reasonably concluded that discussions held before the previous award decision may not have been adequate to advise one of the offerors of significant weaknesses in its proposal. DECISION Consortium HSG Technischer Service GmbH and GeBe Gebaud- und Betriebstechnik GmbH Stidwest Co., Management KG (HSG) protests the corrective action taken by the Department of the Army in response to HSG's protest of the Army's award of a contract to SKE GmbH/Siemens Gebaudemanagement GmbH & Co. OHG, Joint Venture (SKE) for preventive maintenance and repairs of facilities and equipment used by the Defense Commissary Agency in Germany, Belgium, and the Netherlands. Specifically, the agency decided to reopen discussions, request revised proposals, conduct new evaluations, make a new selection decision, and if the decision is to award to HSG, terminate the award to SKE. HSG argues that the agency's corrective action should be limited to a reevaluation of the proposals as submitted. It contends that reopening discussions and requesting revised proposals unfairly favors SKE, and is an abuse of agency discretion. We deny the protest.

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