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B-412475.4 1 (2016-10-21)

handle is hein.gao/gaobadssw0001 and id is 1 raw text is: 



  SGAO
OAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548



          Decision


Matter of:

File:

Date:


                    Comptroller General
                    of the United States
   DOCUMENT FOR PUBLIC RELEASE
 The decision issued on the date below was subject to
 a GAO Protective Order. This redacted version has
 been approved for public release.
- ----------------------------------------------------------------------------------------------------------------------


Bunzl Distribution California, LLC

B-412475.4

October 21, 2016


Hal J. Perloff, Esq., Steven A. Neeley, Jr., Esq. and Michelle A. Caton, Esq., Husch
Blackwell LLP, for the protester.
Lee Dougherty, Esq., and Katherine A. Straw, Esq., Montgomery Fazzone PLLC,
for Southeastern Paper Group, the intervenor.
Nikki Musick, Esq., Defense Commissary Agency, for the agency.
Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest is denied where agency reasonably found protester nonresponsible due
to its failure to include in its proposal required documentation demonstrating
compliance with the Trade Agreements Act.

2. Protester is not an interested party to challenge the technical evaluation of its
proposal when the agency properly finds it nonresponsible.
DECISION

Bunzl Distribution California, LLC, of Anaheim, California, protests the rejection of
its proposal for clusters A, B, D, and J under request for proposals (RFP) No.
HDEC05-15-R-0003, issued by the Defense Commissary Agency (DeCA) for
miscellaneous operating supplies. The protester argues that the agency
unreasonably found it to be nonresponsible.

We deny the protest.

BACKGROUND

DeCA issued the RFP for miscellaneous operating supplies and paper bags for the
Continental United States (CONUS), Puerto Rico, Alaska, Hawaii, and Pacific
Theater commissary stores on June 25, 2015. The RFP contemplated the award of

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