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B-295126.5 1 (2007-12-07)

handle is hein.gao/gaocrptauau0001 and id is 1 raw text is: A G A O Comptroller General . 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: Engineered Electric Company d/b/a/ DRS Fermont File: B-295126.5; B-295126.6 Date: December 7, 2007 David Z. Bodenheimer, Esq., and Richard W. Arnholt, Esq., Crowell & Moring LLP, for the protester. David T. Ralston, Esq., Philip A. Nacke, Esq., and Frank S. Murray, Esq., Foley & Lardner LLP, for Onan Corporation, an intervenor. Brian E. Toland, Esq., Michael G. Skennion, Esq. and William J. Kampo, Esq., U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Allegation that agency misevaluated proposals is denied where record supports agency's evaluation regarding merits of firms' proposals and performance of prototypes furnished during earlier phase of acquisition. 2. Allegation that agency engaged in unequal discussions is denied where record shows that discussions were appropriately tailored to firms' respective proposals. 3. Allegation that agency engaged in misleading discussions is untimely where protester was aware during discussions that agency's questions were inconsistent with solicitation requirements, but did not raise the assertion until more than 10 days later. DECISION Engineered Electric Company d/b/a DRS Fermont protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W15P7T- 04-R-AOO1, issued by the Department of the Army for various mobile electrical generators. DRS maintains that the agency misevaluated proposals and engaged in improper discussions. We deny the protest.

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