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B-409963.3 1 (2015-02-04)

handle is hein.gao/gaobadqym0001 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.
           D  e c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   Sea Box, Inc.

           File:        B-409963.3

           Date:        February 4, 2015

           Kathryn V. Flood, Esq., Pamela J. Mazza, Esq., Julia di Vito, Esq., and Peter B.
           Ford, Esq., Piliero Mazza PLLC, for the protester.
           Dennis J. Callahan, Esq., Rogers Joseph O'Donnell, for W&K Containers, Inc., an
           intervenor.
           Shantay N. Clarke, Esq., and Nicole Franchetti, Esq., Defense Logistics Agency, for
           the agency.
           Lois Hanshaw, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that an agency's determination of noncompliance with the Trade
           Agreements Act was unreasonable is denied where the agency reasonably
           determined that the protester's foreign-sourced components would not be
           substantially transformed in the U.S. and thus the protester's item did not qualify as
           a U.S.-made end product.
           DECISION

           Sea Box, Inc. of East Riverton, New Jersey, protests the award of a contract by the
           Defense Logistics Agency (DLA) to W&K Containers, Inc. (W&K), of Mill Valley,
           California, under request for quotations (RFQ) No. SPE8ED-1 4-Q-0418 for large
           metal shipping containers known as Tricon Type I. The protester alleges that the
           agency erred in finding that Sea Box did not offer a U.S.-made end product in
           compliance with the Trade Agreements Act of 1979 (TAA), 19 U.S.C. § 2501 et seg.
           (2012).1

           We deny the protest.


           1 The TAA generally requires that end products be acquired from the U.S. or
           designated countries. 19 U.S.C. § 2512(a).

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