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B-420130,B-420130.2 Nov 18, 2021 1 (2021-11-18)

handle is hein.gao/gaomkz0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A O A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Sea Box, Inc. File: B-420130; B-420130.2 Date: November 18, 2021 Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC; for the protester. Dennis Callahan, Esq., Rogers Joseph O'Donnell, PC, for W&K Containers, Inc., the intervenor. John P. Patkus, Esq., and Samantha L. Meyer, Esq., Defense Logistics Agency, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the validity of the awardee's representation that it supplied a domestic end product in its Buy American Act certification is denied where the agency reasonably relied on the certification. DECISION Sea Box, Inc., a small business of East Riverton, New Jersey, protests the issuance of a purchase order to W&K Containers, Inc., a small business of Mill Valley, California, under request for quotations (RFQ) No. SPE8ED-21 -Q-1167, issued by the Defense Logistics Agency (DLA) for freight containers. Sea Box contends that the agency improperly evaluated the awardee's quotation as offering a domestic end product, as required by the Buy American Act (BAA), because the awardee's item is not a commercially available off-the-shelf (COTS) item, nor does the item meet the component test. We deny the protest.

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