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B-410280 1 (2014-12-01)

handle is hein.gao/gaobadqug0001 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: Maersk Line, Limited File: B-410280 Date: December 01, 2014 Robert E. Korroch, Esq., and William A. Wozniak, Esq., Williams Mullen, for the protester. Kelly E. Rogers, Esq., Gordon D. Ivins, Esq., and Robert M. Elwell, Esq., Department of the Navy; and John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably concluded that the provisions of Federal Acquisition Regulation part 19 applied to the procurement is denied where the agency reasonably determined that the contract will be performed within the United States and its outlying areas. 2. Protest challenging the agency's decision to use a tiered evaluation approach for small business set-asides in its solicitation is denied where the agency's decision was reasonably based on its conclusion, prior to issuance of the solicitation, that the agency's market research was inconclusive regarding the likelihood the agency would receive proposals from two or more small business concerns. 3. Protest that the agency should not have amended the solicitation to make it a total small business set-aside is denied where, consistent with the terms of the solicitation, the agency reasonably concluded that it received two or more offers from responsible small business concerns that are competitive in terms of price, quality, and delivery. DECISION Maersk Line, Limited, of Norfolk, Virginia, a large business, protests the terms of request for proposals (RFP) No. N00033-14-R-3201, issued by the Department of the Navy, Military Sealift Command (MSC), for multimodal cargo transportation services. Maersk challenges the agency's decision to conduct the procurement in

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