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B-282334 1 (1999-06-30)

handle is hein.gao/gaocrptajjp0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting 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. ----------------------------------------------------------------------------------------------------------------------------. Matter of: Canadian Commercial Corporation/ iftking Industries, hie. File: B-282334; B-282334.2; B-282334.3 Date: June 30, 1999 Richard L. Moorho use, Esq., James P. Gallatin, Jr., Esq., and Andrew J. Hungerman IV, Esq., Reed Smith Shaw & McClay, for the protester. Gary E. Cross, Esq., Dunaway & Cross, for Kalmar Last Maskin Verkstad, an intervenor. Jeffrey I. Kessler, Esq., and Susan M. Lewandowski, Esq., Department of the Army, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Solicitation language that stated that the agency intended to make up to two awards allowed the agency the discretion to make a single award; it did not state a requirement for multiple awards. 2 The agency reasonably determined that a single award was in the best interest of the government where the agency reasonably evaluated the awardee's offer as substantially superior to the protester's offer such that award to the awardee alone was in the government's best interests. 3. General Accounting Office will not review an agency's determination to waive Buy American Act preference requirements as being in the public interest; late approval of the waiver does not provide a basis to object to the agency's source selection decision which presumed the waiver of the Buy American Act requirements would be obtained. DECISION Canadian Commercial Corporation, on behalf of Liftking Industries, Inc., protests the award of a contract to Kalmar Last Maskin Verkstad under request for proposals (RFP) No. DAAE07-98-R-S011, issued by the U. S. Army Tank-Automotive and Armaments Command (TACOM), for two prototype rough terrain container handlers (RTCH).

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