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B-295126.4 1 (2007-06-14)

handle is hein.gao/gaocrptauat0001 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-295126.4 Date: June 14, 2007 David Z. Bodenheimer, Esq., Daniel R. Forman, Esq., and Dane C. Swanson, 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 d/b/a Cummins Power Generation, an intervenor. Brian E. Toland, Esq., Frank V. DiNicola, 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 Protest that agency improperly relaxed specification for fuel efficiency in acquisition of mobile generators is denied where agency relaxed specification based on determination that no offerors were able to meet prior, more stringent requirements; fact that protester claims now to be able to meet more stringent specification does not require that agency use more stringent specification, since relaxed specification meets agency's needs and enhances competition. DECISION Engineered Electric Company d/b/a/ DRS Fermont (DRS) protests the terms of solicitation No. W15P7T-04-R-A001, issued by the U.S. Army Materiel Command for tactical quiet generator sets and military standard generator sets. DRS argues that the agency improperly relaxed the solicitation's fuel efficiency standards. We deny the protest. BACKGROUND The solicitation contemplated the award of up to three indefinite-delivery, indefinite-quantity contracts to design, build, and furnish to the Army a new set of generators (variously sized and configured, and ranging from 5 to 60 kilowatts (kW)). The RFP contemplated performance in three phases. During phase I, the contractors were to develop prototype generators, complete a maintenance demonstration,

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