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B-293864.2 1 (2004-10-25)

handle is hein.gao/gaocrptapmp0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability 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-293864.2

          Date:        October 25, 2004


          William A. Roberts, III, Esq., Philip J. Davis, Esq., Michael S. Caldwell, Esq., and John
          A. McCullough, Esq., Wiley Rein & Fielding, for the protester.
          Benjamin N. Thompson, Esq., and Jennifer M. Miller, Esq., Wyrick Robbins Yates &
          Ponton, and Frank M. Rapoport, Esq., McKenna Long & Aldridge, for LB&B
          Associates, Inc., an intervenor.
          Stephani L. Abramson, Esq., and Gary L. Brooks, Esq., National Archives & Records
          Administration, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. In taking corrective action in response to bid protest, agency acted within its
          discretion in limiting proposal revisions to updating key personnel/subcontractor
          information, and precluding price revisions, where agency reasonably concluded
          that only this information was needed, and that price revisions would undermine
          integrity of procurement due to disclosure of awardee's price after original award.

          2. Where solicitation for facility management services called for offerors' proposals
          to take into account work to be performed in areas undergoing construction and
          renovation and provided for post-award adjustments, completion of that work during
          delay occasioned by bid protest does not represent material change requiring agency
          to amend solicitation to obtain revised price proposals.

          3. Protest that new collective bargaining agreements (CBA) and wage determination
          require agency to allow price revisions under reopened competition in response to
          bid protest is denied where protester fails to demonstrate that changes under new
          CBAs and wage determination were significant such that price revisions based on
          those changes could materially improve its competitive position.

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