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B-401351.2,B-401351.3 1 (2009-09-14)

handle is hein.gao/gaobadazv0001 and id is 1 raw text is: G A O Comptroller General KWn , 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: Outdoor Venture Corporation File: B-401351.2; B-401351.3 Date: September 14, 2009 Marc Lamer, Esq., Kostos & Lamer, PC, for the protester. Jessica C. Abrahams, Esq., and Erin B. Sheppard, Esq., McKenna Long & Aldridge LLP, for Camel Manufacturing Company; and, Richard J. Conway, Esq., and Robert J. Moss, Esq., Dicktein Shapiro LLP, for RWH Industries, Inc., intervenors. Elliot S. Avidan, Esq., and David P. Ingold, Esq., United States Marine Corps, for the agency. Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's proposal was reasonably excluded from the competitive range where several sections of the proposal stated that the offered item exceeded the solicitation's maximum allowable weight. 2. Where two offerors received a technical rating of unacceptable, and only one is included in the competitive range, there is no unequal treatment if the record supports the agency's judgment that the deficiencies of the excluded proposal were of greater magnitude than the deficiencies of the included proposal. DECISION Outdoor Venture Corporation of Stearns, Kentucky, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. M67854- 09-R-3014, issued by the United States Marine Corps for general purpose medium shelters (GPMS). Outdoor contends that the exclusion of its proposal from the competitive range was unreasonable, and contends that it was treated unequally in the competitive range decision. We deny the protest.

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