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B-409318 1 (2014-03-10)

handle is hein.gao/gaobadqpl0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 Decision [e for pic release. Matter of: Promotions Plus, Inc. File: B-409318 Date: March 10, 2014 Frank V. Reilly, Esq., Frank V. Reilly Attorney at Law, for the protester. Marc Lamer, Esq., Kostos & Lamer, P.C., for the intervenor. Joseph R. Weidenburner, Esq., Defense Logistics Agency, for the agency. Katherine I. Riback, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that awardee's proposal violates applicable limitation on subcontracting is denied where the proposal does not show, on its face, that the awardee will not comply with the limitation. DECISION Promotions Plus, Inc., of North Royalton, Ohio, protests the award of a contract to M&M Manufacturing, LLC of Lajas, Puerto Rico, by the Defense Logistics Agency (DLA) under request for proposals (RFP) No. SPE1 C1-1 3-R-0001 for the supply of green and tan Summer Flyer's Gloves. Promotions argues that M&M's proposal is unacceptable because it did not comply with the limitation of subcontracting provisions set forth in the RFP, which was partially set aside for small businesses. We deny the protest. BACKGROUND The RFP requirements were divided into two lots: Lot 0001 for 50 percent of the requirement was solicited an unrestricted basis, and Lot 0002 for the remaining 50 percent of the requirement was solicited as a total small business set-aside. This protest concerns the award of Lot 0002, the total small business set-aside portion. The solicitation contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract with a 1-year base period and two 1-year options. RFP at 4, 43-44. The RFP advised offerors that award would be made on a best-value basis, considering price and the following two evaluation factors listed in

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