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B-408866.2,B-408866.3 1 (2013-12-17)

handle is hein.gao/gaobadpym0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Empire Veteran Group, Inc. File: B-408866.2; B-408866.3 Date: December 17, 2013 David J.R. Pales, Empire Veteran Group, Inc., for the protester. Lorraine Lee, Esq., Department of the Army, Corps of Engineers, for the agency. Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation for two-phase design-build competition advised offerors not to assume they would have an opportunity to clarify or correct anything in their phase one proposals prior to the down-selection decision, protest assertion that protester should have been permitted to revise its phase one proposal is denied. DECISION Empire Veteran Group, Inc. (EVG), of New York, New York, protests the exclusion of its proposal from further consideration during phase one of a two-phase design- build competition conducted in accordance with Federal Acquisition Regulation (FAR) § 36.301 by the Department of the Army, Corps of Engineers, under request for proposals (RFP) No. W912DS-1 3-R-001 9 for a photovoltaic power system and support structures to be constructed in Sea Girt, New Jersey. EVG primarily argues that the agency unreasonably evaluated its proposal, unreasonably declined to permit proposal revisions, and conducted its debriefing in bad faith. We deny the protest in part and dismiss it in part. BACKGROUND The RFP, issued on May 6, 2013, was set aside for service-disabled veteran-owned small business concerns. RFP at 1. The solicitation contemplated a two-phase evaluation approach under which offerors were to submit proposals under the first phase and, after an evaluation of those proposals, up to six of the best qualified firms would be invited to submit phase two proposals. RFP § 002210 T 1.0. Award of a fixed-price contract was to be made to the firm whose proposal was among the

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