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B-298583 1 (2006-10-30)

handle is hein.gao/gaocrptasre0001 and id is 1 raw text is: A G A O 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: SunEdison, LLC File: B-298583; B-298583.2 Date: October 30, 2006 Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, for the protester. Gary R. Allen, Esq., Department of the Air Force, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation required offerors to propose fixed prices and offeror proposed pricing contingent upon successful completion of an agreement with a third party, the offer was conditional and should not have been considered for award. DECISION SunEdison, LLC protests the award of a contract to PowerLight Corporation under request for proposals (RFP) No. FA4861-06-R-B501, issued by the Department of the Air Force for the construction and operation of a photovoltaic array to supply solar power to Nellis Air Force Base (AFB) in Nevada. The protester contends that the agency's evaluation of offerors' prices was flawed. We sustain the protest. BACKGROUND The RFP explained that the agency's goal in awarding a contract under the RFP was to reduce its unit cost for electrical service to Nellis AFB to below the rate it was paying the Nevada Power Company, and, thus, if all proposals received were for more than the cost of service from Nevada Power, the government might elect not to award a contract. RFP § B.2.3. The RFP also explained that a photovoltaic array produces both renewable energy (solar power) measured in kilowatt-hours (kWh) and renewable energy credits (REC), and that while the agency was aware that an

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