About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



B-417289.2 1 (2019-05-14)

handle is hein.gao/gaobadzgf0001 and id is 1 raw text is: 



GAO 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-417289.2

Date:       May  14, 2019

David M. Snyder, AeroSage, LLC, for the protester.
Matthew Vasquez,  Esq., and May Sena, Esq., Defense Logistics Agency, for the
agency.
Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency improperly cancelled a solicitation and resolicited the same fuel
requirement to avoid making award to the protester is dismissed for failing to set forth a
legally sufficient basis of protest where the protester's allegations are without factual
support.

2. Protest challenging term in request for quotations requiring vendors to provide
written acceptance of a government offer in two hours or less is denied where the term
is reasonable in light of the short time between receipt of quotations and delivery.

3. Protest of an agency's failure to implement the statutorily required stay of award is
dismissed because it is not a matter for consideration by GAO.
DECISION

AeroSage, LLC, a service-disabled veteran-owned small business of Tampa, Florida,
protests the terms of request for quotations (RFQ) No. SPE605-19-Q-0256, issued by
the Defense Logistics Agency (DLA) for diesel fuel. The protester argues the agency
improperly issued RFQ No. SPE605-19-Q-0256  in lieu of making award to the protester
under a prior solicitation' for the same fuel requirement. The protester also challenges


1 AeroSage also protests the agency's actions in making award under a prior RFQ it
alleges was cancelled and resolicited--RFQ No. SPE605-19-Q-0253. AeroSage's
challenge to the award under RFQ No. SPE605-19-Q-0253 was before our Office as a
separate protest docketed as B-417289.1, which we denied in part and dismissed in
                                                                    (continued...)