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B-296195 1 (2005-06-07)

handle is hein.gao/gaobaczcm0001 and id is 1 raw text is: 


   I

         G    A     0Comptroller General
L LA   Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
          Decision


          Matter of:  U.S. Reconstruction and Development Corporation

          File:       B-296195

          Date:       June 7, 2005

          Kyle Sampson for the protester.
          Capt. Sunny S. Ahn, Department of the Army, for the agency.
          Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Contracting agency properly rejected protester's offer as technically unacceptable
          where the solicitation called for diesel generators to be delivered to Iraq and the
          protester offered unleaded gasoline generators to be delivered to Kuwait.
          DECISION

          U.S. Reconstruction and Development Corporation (USRDC) protests the rejection
          of its offer under solicitation No. W912D1-05-T-0076, issued by the U.S. Army
          Contracting Command Kuwait to supply diesel-powered generators to be delivered
          to Camp Bucca, Iraq.

          We deny the protest.

          On January 22, 2005, the U.S. Army Contracting Command Kuwait issued a
          solicitation requesting offers to supply 30 diesel-powered generators to be delivered
          to Camp Bucca, Iraq. The solicitation stated that award would be made to the firm
          submitting the lowest-priced, technically acceptable offer. The Army received nine
          timely offers. USRDC submitted the lowest total price. However, USRDC proposed
          an unleaded gasoline generator that it would deliver to Camp Arifjan, Kuwait. The
          contracting officer noted the deficiencies in generator type and delivery location in
          USRDC's offer and rejected it as unacceptable. On March 20, the contracting officer
          awarded the contract to Smart Traders, the firm with the lowest-priced, technically
          acceptable offer, and this protest followed.

          USRDC  alleges that its offer mistakenly indicated that it would supply a gasoline
          generator, as opposed to the diesel generator the solicitation required, and that the

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