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B-285514 1 (2000-08-07)

handle is hein.gao/gaocrptaldr0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: TRS Research File: B-285514 Date: August 7, 2000 Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome Comisky & McCauley, for the protester. Col. Nicholas P. Retson, and Raymond M. Saunders, Esq., Department of the Army, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that protester's refurbished foreign-made cargo containers were not domestic products eligible for an evaluation preference pursuant to the Buy American Act where the steps the protester takes to refurbish the imported containers in the United States do not constitute manufacturing within the meaning of the Act. DECISION TRS Research protests the agency's determination under request for quotations (RFQ) No. DAMT01-00-T-0016, issued by the Department of the Army for cargo containers, that TRS's containers are not domestic end products eligible for an evaluation preference pursuant to the Buy American Act, 41 U.S.C. §§ 10a-10d (1994). We deny the protest. The RFQ was issued on an unrestricted basis for 18 used ammunition-grade cargo containers under the streamlined commercial acquisition procedures set forth in Subpart 12.6 of the Federal Acquisition Regulation (FAR), using a combined synopsis/solicitation which was posted on the Commerce Business Daily Net on May 10, 2000. See FAR § 12.603(a); Agency Report (AR) exh. 3. The RFQ required that the containers be designed to facilitate the transportation of hazardo us/explo sive cargo by road, rail, and sea, and contained detailed

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