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B-418292,B-418292.2,B-418292.5,B-418292.6 1 (2020-02-27)

handle is hein.gao/gaobaeary0001 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-418292; B-418292.2, B-418292.5, B-418292.6

Date:       February 27, 2020

David M. Snyder for the protester.
Jacqueline Neumann, Esq., Matthew Vasquez, Esq., May Sena, Esq., and Howard M.
Kaufer, Esq., Defense Logistics Agency, for the agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest that the agency failed to provide sufficient time for offerors to submit
proposals is denied because the record does not demonstrate that the amount of time
provided was unreasonable.

2. Protest challenging the agency's use of a requirements contract in this procurement
is denied because the record does not demonstrate that the agency's exercise of
discretion in selecting the contract type was unreasonable.
DECISION

AeroSage, LLC, of Tampa, Florida, protests the terms of request for proposals (RFP)
No. SPE605-20-R-0200, issued by the Defense Logistics Agency (DLA) for various
types of fuel to be delivered to Department of Defense and federal civilian agency
customers. The protester also challenges other aspects of the agency's conduct of the
procurement.

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

BACKGROUND

The RFP, issued on October 3, 2019, as a combined synopsis/solicitation under the
commercial item provisions of Federal Acquisition Regulation (FAR) subpart 12.6,
sought proposals to deliver fuel to customers in Arizona, California, Nevada, and Utah.
Agency Report (AR), Tab 6, RFP, at 1. The RFP anticipated award of fixed-price
requirements contracts and included FAR clause 52.216-21, Requirements. Id. at 50.