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B-408366 1 (2013-08-07)

handle is hein.gao/gaobadprh0001 and id is 1 raw text is: 




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



           Decision


           Matter of:  KAES Enterprises, LLC

           File:       B-408366

           Date:       August 7, 2013

           Christopher Kaes, for the protester.
           William D. Robinson, Esq., Bureau of Prisons, for the agency.
           Cherie J. Owen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest alleging that awardee's quotation failed to comply with the applicable
           limitations on subcontracting is denied where protester fails to identify anything on
           the face of awardee's quotation that should have led the agency to the conclusion
           that the awardee did not agree to comply with the relevant subcontracting limitation.
           DECISION

           KAES Enterprises, LLC, of Puyallup, Washington, protests the decision to place an
           order with Energy Pro OSC, LLC, of West Columbia, South Carolina under request
           for quotations (RFQ) No. RFQP05001300002, issued by the Department of Justice,
           Bureau of Prisons, for emergency generator maintenance. KAES Enterprises
           argues that Energy Pro's quotation should have been rejected for failure to comply
           with the limitation on subcontracting set forth at Federal Acquisition Regulation
           § 52.219-14.

           We deny the protest.

           BACKGROUND

           The Department of Justice issued the RFQ on February 13, 2013, as a small
           business set-aside, and contemplated award of a fixed unit-price, indefinite-delivery
           requirements contract for a 1-year base period and four 1-year options. Because
           the solicitation was set aside for small businesses, it incorporated the limitations on
           subcontracting contained in FAR § 52.219-14. RFQ at 16.

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