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B-401523,B-401523.2 1 (2009-09-25)

handle is hein.gao/gaobadazn0001 and id is 1 raw text is: 


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A        GA        O                                                 Comptroller General
,,,,, ,,Accountability * Integrity * Reliability                       of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D   ..
          Decision


          Matter  of:  Sea Box, Inc.

          File:        B-401523; B-401523.2

          Date:        September 25, 2009

          Robert A. Farber for the protester.
          Henry M. Burwell, Esq., and Steven D. Allen, Esq., Nelson Mullins Riley &
          Scarborough  LLP, for Charleston Marine Containers, Inc., the intervenor.
          Melissa McWilliams, Esq., and Erica Ordonez, Esq., General Services Administration,
          for the agency.
          Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Issuance of a Federal Supply Schedule (FSS) order to vendor was proper where the
          ordered items were added to vendor's FSS contract by a timely-executed
          modification.
          DECISION

          Sea Box, Inc., of East Riverton, New Jersey, protests the issuance of an order to
          Charleston Marine Containers, Inc., (CMCI) of Charleston, South Carolina, by the
          General Services Administration (GSA) under request for quotations (RFQ) No.
          361134, for refrigerated containers and clip-on diesel generator sets.

          We  dismiss the protest in part and deny it in part.

          The RFQ  was posted to the GSA Advantage! e-Buy system' on May 6, 2009, with a
          closing time of 5 p.m. on May 12, 2009.2 The RFQ was issued on a brand name or
          equal, low price/technically acceptable basis, and stated that the acquisition was to


          'The GSA  Advantage! e-Buy system allows ordering activities to post requirements,
          obtain quotes, and issue orders electronically.

          'Sea Box disputes the closing time of the solicitation. As discussed below, we
          consider the issue untimely.

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