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B-282326 1 (1999-06-28)

handle is hein.gao/gaocrptajjo0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting 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. ----------------------------------------------------------------------------------------------------------------------------. Matter of: Johnson Controls, hie. File: B-282326 Date: June 28, 1999 Kathleen C. Little, Esq., David R. Johnson, Esq., James R. Farnsworth, Esq., and Suzanne D. Reifman, Esq.,Vinson & Elkins, for the protester. Gena E. Cadieux, Esq., Department of Energy, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging technical evaluation of protester's proposal for energy savings services and the adequacy of the agency's discussions with the protester is denied, where the evaluation was reasonable and the discussions were adequate to lead the protester into those areas of its proposal that were considered deficient. 2. Protest challenging the agency's award decisions is denied where selections were based upon a technical evaluation and price analysis that were both reasonable and consistent with the request for proposals' stated evaluation scheme. DECISION Johnson Controls, Inc. protests the award of six energy savings performance contracts (ESPC) by the Department of Energy (DOE) pursuant to request for proposals (RFP) No. DE-RPO1-98EE73584. Essentially, the protester contends that the evaluation of its proposal was unreasonable, that discussions with it were inadequate, and that the evaluation did not result in selection of the most advantageous offers. Protest at 2. We deny the protest. The DOE's Federal Energy Management Program (FEMP), under the Office of Energy Efficiency and Renewable Energy, is charged with reducing the cost of government by advancing energy efficiency and the use of solar and other renewable energy. To help federal agencies reduce energy use, Title VIII, § 801 of the National Energy Conservation Policy Act, 42 U.S.C. § 8287(a)(1) (1994), authorizes agencies to enter into ESPCs. FEMP has divided the country into six regions and awarded a set

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