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B-405711.2 1 (2012-03-19)

handle is hein.gao/gaobadoqy0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Sea Box, Inc. File: B-405711.2 Date: March 19, 2012 Robert A. Farber, Esq., for the protester. Theresa A. Chesnut, Esq., and Barbara J. Amster, Esq., Department of the Navy, for the agency. Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The failure of the protester's quotation to agree to hold its prices firm for 90 days did not render the quotation unacceptable, because the concept of an acceptance period has no application to quotations, which are not offers. 2. An agency unreasonably considered a technically unacceptable, intervening quotation in determining not to apply a Buy American Act preference to the protester's quotation. DECISION Sea Box, Inc., of East Riverton, New Jersey, protests the issuance of a purchase order to Caru Containers, Inc., of Quincy, Massachusetts, under request for quotations (RFQ) No. N00244-1 1 -T-0540, issued by the Naval Supply Systems Command, Department of the Navy, for cargo containers. We sustain the protest. BACKGROUND The RFQ, issued as a combined synopsis/solicitation under commercial item acquisition and simplified acquisition procedures of Federal Acquisition Regulation (FAR) subparts 12.6 and 13.5, provided for the issuance of a fixed-price purchase order for Tricon Double Door Both Ends Cargo (Tricon II) Containers, NSN 8145-

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