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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...)

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