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B-420737 Jul 25, 2022 1 (2022-07-25)

handle is hein.gao/gaonke0001 and id is 1 raw text is: 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-420737 Date: July 25, 2022 Robert A. Farber, Esq., for the protester. Andrew T. McGuire, Esq., Defense Logistics Agency, for the agency. Raymond Richards, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation fails to provide information regarding how the agency will determine whether an offered item qualifies as a commercially available off-the-shelf item is dismissed where the protester does not cite any procurement law or regulation requiring the agency to include such information in the solicitation. DECISION Sea Box, Inc., a small business of East Riverton, New Jersey, protests the terms of request for quotations (RFQ) No. SPE8ED-22-Q-0520, issued by the Defense Logistics Agency (DLA) for freight containers. Sea Box argues that the solicitation should provide additional information regarding The Buy American Act's (BAA) requirement for domestic end products. We dismiss the protest. On April 29, 2022, DLA issued the RFQ as a small business set-aside under the commercial item and simplified acquisition procedures of Federal Acquisition Regulation (FAR) parts 12 and 13, seeking quotations for 31 freight containers called Tricon II containers. Req. for Dismissal at 3; Req. for Dismissal, encl. 1, RFQ at 1. The solicitation contemplates the issuance of a fixed-price purchase order to the vendor offering the quotation representing the best value to the government considering price and past performance. RFQ at 3, 22. The RFQ includes Department of Defense FAR Supplement (DFARS) provision 252.225-7000, Buy American-Balance of Payments Program Certificate, and DFARS clause 252.225-7001, Buy American and Balance of Payments Program. Id. at 17, 33.

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