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B-402054 1 (2009-12-29)

handle is hein.gao/gaobadbdc0001 and id is 1 raw text is: ,G A O Comptroller General LXn , 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: Chant Engineering Company, Inc. File: B-402054 Date: December 29, 2009 Marc Lamer, Esq., Kostos and Lamer, P.C., for the protester. Thomas Janczewski, Esq., Michael Best & Friedrich LLP, for Clover Industries, an intervenor. Paul Sax, Esq., Department of the Army, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that quotation, on its face, should have led agency to conclude that winning vendor could not and would not comply with limitation on subcontracting clause is denied where protester points to no clear indications in the quotation that the successful vendor will not comply with the clause. DECISION Chant Engineering Company, Inc., of New Britain, Pennsylvania, protests the issuance of a purchase order to Clover Industries, Inc., of Wausau, Wisconsin, under U.S. Army Corps of Engineers request for quotations (RFQ) No. W911XK-09-T-0082, issued as a small business set-aside for the rehabilitation of the Poe Lock hydraulic system at Sault Saint Marie, Michigan. Chant argues that Clover's quotation is unacceptable because it exceeded the limitation on subcontracting and is noncompliant with the small business set-aside requirements in the RFQ. We deny the protest. The RFQ, issued July 13, 2009, provided for the issuance of a fixed-price purchase order for the construction, fabrication, assembly, testing and delivery of the necessary hydraulic system components. Specifically, the RFQ required vendors to supply four hydraulic power units, six miter gate assemblies, six complete limit switch drive assemblies, four Tainter valve cylinders, two fender boom socket cylinders, two fender boom cylinders, six miter gate manifolds, four Tainter valve manifolds, two fender boom brake and boom manifolds, two fender boom brake and socket manifolds, spare parts and tools. RFQ at C4-C5. The purchase order was to

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