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B-401244.2,B-401771 1 (2009-11-13)

handle is hein.gao/gaobadbce0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States 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: Voith Hydro, Inc. File: B-401244.2; B-401771 Date: November 13, 2009 William A. Shook, Esq., and G. Matthew Koehl, Esq., Shook Doran Koehl, LLP, for the protester. R. Lee Mann III, Esq., Kilpatrick Stockton LLP, for Andritz Hydro Corp., an intervenor. Sheryl L. Rakestraw, Esq., Sherry Kinland-Kaswell, Esq., and James L. Weiner, Esq., Department of the Interior, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's issuance of solicitations for work at power plants as providing for the award of construction contracts, rather than as commercial item acquisitions, was a reasonable exercise of the agency's discretion, based on its reasonable analysis of its needs and the best basis of accommodating them, the results of market research, and consultation with agency technical experts and a Department of Labor representative. DECISION Voith Hydro, Inc. of York, Pennsylvania protests the terms of request for proposals (RFP) No. 09SP200017 (-0017), issued by the Department of the Interior, for generator and excitation systems for the Folsom Power Plant at the Folsom Dam, Sacramento County, California, and RFP No. 09SP200121 (-0121), issued by the Department of the Interior, for an excitation system for the Nimbus Power Plant at the Nimbus Dam, Sacramento County, California. Voith Hydro argues that the solicitations, which were issued as negotiated acquisitions under part 15 of the Federal Acquisition Regulation (FAR) and include certain clauses set forth in part 36 of the FAR pertaining to construction contracts, should have been issued in accordance with the terms of part 12 of the FAR, governing the solicitation and award of contracts for commercial items. We deny the protests.

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