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B-422146 Jan 18, 2024 1 (2024-01-18)

handle is hein.gao/gaopup0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. The entire decision has been approved for public release Matter of: United Salad Company File: B-422146 Date: January 18, 2024 D. Brent Carpenter, Esq., Jordan Ramis, PC, for the protester. Kenneth A. Martin, Esq., The Martin Law Firm, PLLC, for Chico Produce, Inc., the intervenor. Demetrius Pavlo, Esq., Department of Defense, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that award was improper is denied where the awardee's proposal did not, on its face, indicate that the awardee would not comply with the solicitation's requirements; and where the record shows that the awardee's identity is sufficiently clear to contractually bind the firm. 2. Protest alleging that the agency failed to perform a price realism evaluation is dismissed where the solicitation neither required nor permitted the agency to perform a price realism evaluation. DECISION United Salad Company of Portland, Oregon, protests the award of a contract to Chico Produce, Inc., doing business as (DBA) Pro Pacific Fresh, of Durham, California, under request for proposals (RFP) No. SPE300-22-R-0029, issued by the Department of Defense, Defense Logistics Agency, for the supply and delivery of fresh fruits and vegetables. United Salad challenges various aspects of the agency's evaluation and award decision. We deny the protest in part and dismiss the protest in part. BACKGROUND On September 19, 2022, the agency issued the RFP on an unrestricted basis, seeking a contractor to supply fresh fruits and vegetables, as well as shell eggs if required, to

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