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B-405941 1 (2012-01-10)

handle is hein.gao/gaobadomp0001 and id is 1 raw text is: 



I      QA                                                                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.
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          Decision

          Matter of:   Defense Product Solutions

          File:        B-405941

          Date:        January 10, 2012

          Theodore P. Watson, Esq., and Idris S. Keith, Esq., Watson & Associates, LLC, for
          the protester.
          Marcia G. Madsen, Esq., Cameron S. Hamrick, Esq., Polly Myers, Esq., and
          Kristina M. Portner, Esq., Mayer Brown LLP, for Polaris Sales, Inc., an intervenor.
          Travis P. Sommer, Esq., and Francis 0. Wey, Esq., Department of the Army, for the
          agency.
          Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency unreasonably determined that awardee offered a superior
          delivery schedule is denied where agency reasonably evaluated protester's
          schedule as offering only the required schedule and awardee's as offering an
          accelerated schedule.
          DECISION

          Defense Product Solutions (DPS), of Century City, California, protests the
          Department of the Army's award of a contract to Polaris Sales, Inc., of Medina,
          Minnesota, under solicitation No. W56HZV-1 1 -R-G21 0, for all terrain vehicles
          (ATVs), trailers, and spare parts. DPS asserts that the agency unreasonably
          evaluated its proposal under the delivery and small business participation factors.

          We deny the protest.

          The solicitation provided for a two-step evaluation process. First, the agency
          evaluated technical proposals on a pass/fail basis. Those proposals that were
          evaluated as acceptable were then considered for award on a best value basis
          considering the following evaluation factors: delivery, small business subcontracting
          (with subfactors for small business and small disadvantaged business), and price.
          Following the evaluation of initial proposals and discussions the agency requested
          final proposal revisions (FPR). DPS's revised proposal, with an evaluated price of
          $53,411,384, was evaluated as meeting the solicitation delivery schedule, marginal

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