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B-278030 1 (1997-12-19)

handle is hein.gao/gaocrptageg0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Southern Technologies, Inc. File: B-278030; B-278030.2 Date: December 19, 1997 James V. Etscorn, Esq., Baker & Hostetler, for the protester. Charles G. Lill for Frank Lill & Son, Inc., an intervenor. Ann Giddings, Esq., and Us B. Young, Esq., Naval Facilities Engineering Command, for the agency. Jennifer Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's objection to corrective action proposed by contracting agency in response to protest--i.e., paying protester's proposal preparation costs--is without merit where, although agency acknowledges that the solicitation specifications were misleading, agency demonstrates that, due to urgency of the requirement, alternate corrective action requested by protester--recompeting with revised specifications--is not feasible. DECISION Southern Technologies, Inc. objects to the corrective action proposed by the Department of the Navy in response to Southern's protest of the rejection of its proposal under request for proposals (RFP) No. N62477-97-R-0041. The Navy decided not to reopen the competition, as requested by Southern, but instead to pay Southern its proposal preparation costs as compensation for the agency's improper actions in conducting the procurement. The protester contends that the agency should reopen the competition since reopening is a practicable, and more meaningful, remedy for the impropriety that occurred. We deny the protest in part and dismiss it in part. BACKGROUND The RFP, which was issued on May 28, 1997, solicited proposals for power plant improvements at the Goddard Power Plant in Indian Head, Maryland. The purpose of the improvements is to bring the plant, which is a major emitter of nitrogen oxides (NOx), into compliance with emission standards set by the state of Maryland. Work to be performed includes the installation of low NOx coal/oil fired

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