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B-402695 1 (2010-07-09)

handle is hein.gao/gaobadbjp0001 and id is 1 raw text is: JiL .L A G A O Comptroller General .,u in Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c is io n ........................................................... Matter of: B&S Transport, Inc. File: B-402695 Date: July 9, 2010 Alexander J. Brittin, Esq., Brittin Law Group, PLLC, and Mary Pat Buckenmeyer, Esq., and Jonathan D. Shaffer, Esq., Smith Pachter McWhorter PLC, for the protester. Paul R. Hahn, Esq., Defense Logistics Agency, Defense Energy Support Center, for the agency. Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency misled the protester regarding the acceptability of a proposed retest of its offered item under a quality specification is denied where the solicitation was unambiguous as to the test required; any alleged oral advice to the contrary therefore is not binding on the government. DECISION B&S Transport, Inc. (BST) of North Canton, Ohio, protests the award of a contract to another firm by the Department of Defense (DOD), Defense Logistics Agency, Defense Energy Support Center (DESC), under request for proposals No. SPO600-09-R-0415 for bituminous coal. We deny the protest. BACKGROUND The agency issued the solicitation on September 24, 2009, for the procurement of various quantities of bituminous coal to be delivered to DOD and federal civilian installations. The solicitation contained nine line items corresponding to delivery locations, and contemplated the award of one fixed-price requirements contract or fixed-price definite-quantity contract per line item.

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