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B-421884,B-421884.2 Nov 17, 2023 1 (2023-11-17)

handle is hein.gao/gaopnj0001 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

                                             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:  Jensen  Promotional Items, Inc.

File:     B-421884; B-421884.2

Date:     November 17, 2023

Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC, for the protester.
Gregory Mathews,  Esq., Defense Logistics Agency, for the agency.
Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging agency's evaluation of proposals and exclusion of the protester's
proposal from the competition is denied where the agency's evaluation was reasonable
and consistent with the terms of the solicitation, and where patent ambiguities in the
solicitation were not challenged prior to the due date for receipt of proposals.
DECISION

Jensen Promotional Items, Inc., a small business of Chesapeake, Virginia, protests the
exclusion of its proposal from the competition conducted under request for proposals
(RFP) No. SPE1 C1-23-R-0063, issued by the Defense Logistics Agency (DLA) for
berets for military service member uniforms. The protester contends that the agency
improperly eliminated its proposal from further consideration under the procurement.

We  deny the protest.

BACKGROUND

On May  17, 2023, DLA issued the RFP pursuant to Federal Acquisition Regulation
parts 12 and 15, seeking proposals for military service member berets. Agency Report
(AR), Exh. 1, RFP at 1, 64, 70; Contracting Officer's Statement and Memorandum of
Law (COS/MOL)   at 3.1 The RFP was set aside for small businesses and contemplated


1 The RFQ was  amended  two times for minor changes and to extend the deadline for
receipt of proposals. COS/MOL at 4. All citations to page numbers refer to the Adobe
PDF  page numbers  unless otherwise indicated.

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