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B-404964.4 1 (2011-09-16)

handle is hein.gao/gaobadofy0001 and id is 1 raw text is: 


   .L

 G              A     0                                                  Comptroller General
.Accountabiity * 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 i s i o n                           ......................................................................................................................


           Matter of: JCB Inc.

           File:        B-404946.4

           Date:        September 16, 2011

           Christian B. Nagel, Esq. and Timothy P. Aiken, Esq., Fluet Huber & Hoang, PLLC, 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

           1. Protest of the contracting agency's determination of awardee's eligibility for
           award is denied where the record reasonably supports the agency's determination.

           2. Protest that the contracting agency's evaluation contradicted the terms of the
           solicitation is denied where the record demonstrates that agency's evaluation was in
           accord with the solicitation.
           DECISION

           JCB Inc., of Pooler, Georgia, 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 that:

                 a. Represents the best value to the Government, and
                 b. Submits a proposal that meets all the material requirements
                     of this solicitation, and
                 c. Meets all the responsibility criteria in M.3.7.

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