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B-404946.3 1 (2011-09-07)

handle is hein.gao/gaobadofx0001 and id is 1 raw text is: L A G A O Comptroller General .,7Accountablity * 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. D e c is i o n ...................................................................................................................... Matter of: Terex Government Programs File: B-404946.3 Date: September 7, 2011 E. Sanderson Hoe, Esq., and Marques 0. Peterson, Esq., McKenna Long & Aldridge LLP, for the protester. David F. Barton, Esq. and Elizabeth Haws Connally, Esq., The Gardner Law Firm, for Kalmar RT Center LLC, an intervenor. Wade L. Brown, Esq., and Tara Yaldou, Esq., Department of the Army, for the agency. Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The agency's selection of an equally-rated, slightly higher-priced proposal is unobjectionable where the source selection authority nonetheless identified meaningful distinctions between the proposals warranting payment of a small price premium, and the source selection was consistent with the terms of the solicitation and reasonably based. DECISION Terex Government Programs, of Fredericksburg, Virginia, protests the award of a contract to Kalmar RT Center LLC, of Cibolo, Texas, by the Department of the Army, under request for proposals (RFP) No. W56HZV-10-R-0018, for light capability rough terrain forklifts (LCRTF). We deny the protest. The RFP, issued on July 7, 2010, provided for the award of a fixed-price, five-year requirements contract for LCRTF production and related services, and data. The RFP specified that award would be made to the offeror whose proposal was determined to represent the best value to the government considering the following evaluation factors: technical, price, and small business participation. RFP at 100-101. The technical factor was further divided into the following three equally- weighted subfactors: (1) beach operations; (2) helicopter lift; and (3) pallet handling operations. Id. The RFP advised that in determining best value to the government,

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