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B-309982 1 (2007-10-25)

handle is hein.gao/gaocrptauja0001 and id is 1 raw text is: 




A         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.

          Decision

          Matter of: Pacific Lock Company

          File:        B-309982

          Date:        October 25, 2007

          James H. Roberts, III, Esq., Van Scoyoc Kelly PLLC, for the protester.
          Nicole E. Goldstein, Esq., Edward H. Meyers, Esq., and Robert S. Ryland, Esq.,
          Kirkland & Ellis LLP, an intervenor.
          Robert L. Mercadante, Esq., Defense Logistics Agency, for the agency.
          Paula J. Haurilesko, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protestor's allegation that the agency failed to apply the proper criteria in
          determining that protestor's offered padlocks did not comply with the solicitation's
          requirement for U.S.-made locks is denied where the agency reasonably concluded
          that a lock consisting of components made in China but assembled in the United
          States did not meet the requirements of the Trade Agreements Act.
          DECISION

          Pacific Lock Company (PLC) protests the rejection of its proposal from the
          competitive range under request for proposals (RFP) No. SPM5L5-07-R-0056, issued
          by the Defense Logistics Agency (DLA), Defense Supply Center Philadelphia (DSCP),
          to purchase low security padlocks and padlock sets. PLC contends that the agency
          failed to use the proper criteria in determining that its products were not U.S.-made
          end-products, as required by the RFP.

          We deny the protest.

          The RFP, issued on February 5, 2007, contemplated the award of one or more fixed-
          price, indefinite-quantity contracts for low security padlocks and padlock sets. RFP
          at 1, 7, and 55. The solicitation required offerors to provide U.S.-made, qualifying

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