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B-309930.2 1 (2008-02-13)

handle is hein.gao/gaocrptavwh0001 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: Klinge Corporation File: B-309930.2 Date: February 13, 2008 Richard P. Rector, Esq., and Seamus Curley, Esq.,with the law firm of DLA Piper, for the protester. Robert A. Farber, for Sea Box, Ltd., the intervenor. David P. Ingold, Esq., and James McCloskey, Esq., U.S. Marine Corps, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee's proposed large field refrigeration system (LFRS) did not meet requirements of Trade Agreements Act is denied where agency, after requesting further information from awardee, reasonably determined that components of awardee's LFRS would be substantially transformed in U.S. and thus qualify as a U.S.-made end product. DECISION Klinge Corporation protests the U.S. Marine Corps's (USMC) award of a contract to Sea Box, Ltd., under request for proposals (RFP) No. M67854-07-R-5060, for large field refrigeration systems (LFRS). Klinge asserts that Sea Box's proposal should have been rejected as unacceptable. We deny the protest. The solicitation provided for award of an indefinite-delivery/indefinite-quantity contract for a base period of I year, with four 1-year options, to furnish up to 300 LFRSs, as well as spare parts and training. Each LFRS was to be comprised of two primary components: (1) a 20-x-8-x-8-foot insulated container, compliant with International Organization for Standardization (ISO) standards, with double doors at one 8-x-8-foot end, and (2) (to be installed at the opposite end of the container) an electrically-powered refrigeration/freezing/heater unit (RU). The solicitation included a performance specification that divided the specified performance characteristics into Critical Performance Parameters that must be met

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