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B-401108 1 (2009-04-29)

handle is hein.gao/gaobadavh0001 and id is 1 raw text is: iL G A O Comptroller General f~.n! 7 Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Petro Star, Inc. File: B-401108 Date: April 29, 2009 Ronald H. Uscher, Esq., and Lori Ann Lange, Esq., Peckar & Abramson, P.C., for the protester. Howard Kaufer, Esq., Defense Logistics Agency, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Awardee's challenge to the amount of its contract price to supply military fuel requirements is dismissed because it raises a matter of contract administration over which we do not have jurisdiction. DECISION Petro Star, Inc., of Anchorage, Alaska, a small business concern, protests that its award price under its contract No. SP0600-08-R-0161 with the Defense Logistics Agency, Defense Energy Support Center (DESC), for military fuel requirements for the West Coast and Rocky Mountain regions of the United States, should be increased. We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction. On April 17, 2008, DESC issued solicitation no. SP0600-08-R-0161 for prices to supply bulk petroleum products to various military destinations. Each destination was separately listed in the solicitation by item. The request for proposals (RFP) provided that 35.47 percent of the procurement was set aside for small business concerns. The remainder of the procurement was subject to full and open competition. Solicitation clause 1237.06, Notice of Partial Small Business Set-Aside (Deviation Mar 1999), specified the manner in which the set-aside prices would be determined: (c) Set-Aside Award Procedure

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