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B-276380 1 (1997-06-10)

handle is hein.gao/gaocrptafyd0001 and id is 1 raw text is: &vJTI? Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Terex Cranes, Inc. File: B-276380 Date: June 10, 1997 Ronald S. Perlman, Esq., and Frederick P. Hink, Esq., Porter, Wright, Morris & Arthur, for the protester. Susan M. Lewandowski, Esq., and Jeffrey I. Kessler, Esq., Department of the Army, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that contracting agency unreasonably evaluated protester's proposed technical manual development program as representing a high risk for delaying the fielding of the cranes to be acquired under the solicitation at issue is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation. 2. Post-award protest that contracting agency's price evaluation improperly included the pricing for some of the protester's special tools is untimely where the solicitation and the model contract, which was to be submitted as part of the protester's best and final offer (BAFO), put the firm on notice that the agency would conduct the pricing evaluation as it did; as a result, the protester was required to raise this issue, at the latest, prior to the time for receipt of BAFOs. DECISION Terex Cranes, Inc. protests the award of a contract to Grove North America under request for proposals (RFP) No. DAAE07-96-R-X001, issued by the Department of the Army for all-terrain cranes. Terex argues that the Army improperly evaluated its proposal. We deny the protest. The solicitation was issued to acquire commercially available cranes with design changes limited to those necessary to meet specified military and federally mandated requirements. The RFP anticipated the award of a fixed-price, 5-year requirements contract for between 240 and 464 cranes and their associated support requirements. For evaluation purposes, pricing was based upon a quantity of 160 cranes.

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