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B-292699.6 1 (2004-06-24)

handle is hein.gao/gaocrptaphw0001 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-292699.6 Date: June 24, 2004 Reed L. von Maur, Esq., for the protester. Paul D. Reinsdorf, Esq., Reinsdorf & Associates, for Joint Venture SKE GmbH- Siemens Gebaudemanagement und Services GmbH & Co. OHG, an intervenor. 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 Protester's contention that a change in ownership of one of the two entities comprising a joint venture, which occurred between the time offerors submitted final proposal revisions and the award decision, renders the agency's evaluation of the joint venture's proposal unreasonable, is denied where the record shows that, although the entity's ownership and name were changed, the entity remains intact, retains the same location and offices, and promises to honor its previous commitments, and where there is no showing in the record that the resources offered by this entity have been rendered unavailable, or have in any way changed, as a result in the change of ownership. DECISION Consortium HSG Technischer Service GmbH and GeBe Gebaude- und Betriebstechnik GmbH Stidwest Co., Management KG (HSG) protests a decision by the Department of the Army to reselect SKE GmbH/Siemens Gebaudemanagement und Services GmbH & Co. OHG, Joint Venture (SKE/SGM), as its contractor for preventive maintenance and repairs of facilities and equipment used by the Defense Commissary Agency in Germany, Belgium, and the Netherlands. HSG complains that the sale of SGM after the submission of final proposal revisions (FPR) but prior to the agency's reselection decision, rendered the evaluation of SKE/SGM's proposal unreasonable. HSG also argues that the agency will not be able to enter into a novation agreement with SKE/SGM under the circumstances here.

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