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B-403327,B-403327.2 1 (2010-10-21)

handle is hein.gao/gaobadbnr0001 and id is 1 raw text is: 




         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:  Maybank  Industries, LLC

          File:        B-403327; B-403327.2

          Date:        October 21, 2010

          James H. Roberts III, Esq., Van Scoyoc Kelly PLLC, for the protester.
          Philip R. Sloan, Esq., Sloan Bobrick, P.S., for the intervenor.
          Catherine Rubino, Esq., Department of the Navy, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that an agency issued an order under the Federal Supply Schedule (FSS) for
          a boat that did not satisfy the solicitation's minimum technical requirements is
          denied, where the order was for a modified boat that satisfied the solicitation
          requirements and which was added to the vendor's FSS contract prior to the
          issuance of the order.
          DECISION

          Maybank  Industries, LLC, of Charleston, South Carolina, protests the issuance of a
          delivery order to Modutech Marine, Inc., of Seattle, Washington, under request for
          quotations (RFQ) No. 420440, issued by the Department of the Navy, Naval Sea
          Systems Command,   for a range training support craft.

          We deny the protest.

          BACKGROUND

          The RFQ, issued on October 14, 2009, on the General Service Administration's (GSA)
          e-Buy website,' provided for the issuance of a fixed-price delivery order for a
          commercially available boat with specified options and modifications. See RFQ at 2.


          'GSA's e-Buy system allows ordering activities to post requirements, obtain
          quotations, and issue orders electronically. Federal Acquisition Regulation (FAR)
          § 8.402(d).

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