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B-414640,B-414640.3 1 (2017-07-27)

handle is hein.gao/gaobadtqk0001 and id is 1 raw text is: 



GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of: AeroSage, LLC

File:       B-414640; B-414640.3

Date:       July 27, 2017

David M. Snyder, for the protester.
Kathryn M. Kelley, Esq., Defense Logistics Agency, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's decision not to seek a waiver of the small business
nonmanufacturing rule for a procurement of fuel is denied where there is no statutory or
regulatory requirement for the agency to do so.

2. Protest challenging the adequacy of the agency's market research regarding a
partial set-aside for service-disabled veteran-owned small businesses is dismissed
where the protester does not demonstrate that it is an interested party to challenge the
solicitation.
DECISION

AeroSage LLC, of Tampa, Florida, protests the terms of request for proposals (RFP)
No. SPE600-17-R-0210, issued by the Defense Logistics Agency (DLA) for the supply
of fuel to various installations and facilities in the Mid-Atlantic region of the United
States. The protester argues that DLA should have set aside all of the RFP's contract
line item numbers (CLINs) for delivery of fuel to the Department of Veterans Affairs (VA)
for service-disabled veteran-owned small businesses (SDVOSBs), and that the agency
should have sought a waiver of the small business nonmanufacturer rule for this
procurement.

We deny in part and dismiss in part the protest.'

1 Our Office did not issue a protective order in connection with AeroSage's protest
because it elected not to retain counsel eligible for admission under a protective order.
Certain issues, such as AeroSage's proposed approach to meeting the solicitation
                                                                    (continued...)