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B-420440,B-420442 Apr 05, 2022 1 (2022-04-05)

handle is hein.gao/gaomyj0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: Sea Box, Inc.
File:     B-420440; B-420442
Date:     April 5, 2022
Robert A. Farber, Esq., for the protester.
John P. Patkus, Esq., and Andrew T. McGuire, Esq., Defense Logistics Agency, for the
agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protester's argument that the solicitations are defective because they lack sufficient
information for the protester to monitor whether its competitors have truthfully
represented they are supplying domestic end products in their Buy American Act (BAA)
certifications is dismissed for two reasons: first, because there is no requirement that
an agency provide the information the protester seeks; and second, because the
argument is speculative and premature where the protester merely anticipates
improper, prejudicial action by potential vendors and the agency.
2. Protests that solicitations fail to provide sufficient information regarding how the
agency will apply price preference requirements of the BAA are dismissed where the
provisions are not unclear or ambiguous.
DECISION
Sea Box, Inc., a small business of East Riverton, New Jersey, protests the terms of two
solicitations, request for quotations (RFQ) No. SPE8ED-22-Q-0250 and RFQ No.
SPE8ED-22-Q-0251, issued by the Defense Logistics Agency (DLA) for freight
containers. Sea Box challenges the terms of the solicitations, arguing that additional
information is needed regarding the Buy American Act's (BAA) requirement for domestic
end products.

We dismiss the protests.

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