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B-410911.2 1 (2015-03-18)

handle is hein.gao/gaobadrbb0001 and id is 1 raw text is: G A O Comptroller General 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 Decision [e for pic release. Matter of: Refinery Associates of Texas, Inc. File: B-410911.2 Date: March 18, 2015 Ronald H. Uscher, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson, P.C., for the protester. David Nolte, Esq., and Kay Bushman, Esq., Defense Logistics Agency, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly evaluated offers for compliance with the Trade Agreements Act is denied where record demonstrates that firms were advised that such an evaluation would occur. 2. Contention that agency misled protester during discussions into offering a product that was not compliant with the requirements of the Trade Agreements Act is denied where record shows that, throughout the acquisition, protester offered a product that was not compliant with the requirements of the Trade Agreements Act-- and continued to do so notwithstanding the associated risk--even after being advised during discussions that its proposal might be found unacceptable on that basis. DECISION Refinery Associates of Texas, Inc. (RAOT), of New Braunfels, Texas, protests the award of a contract to Bahrain Petroleum Company, B.S.C. (BPC), of Awali, Kingdom of Bahrain, under request for proposals (RFP) No. SP0600-14-R-0077, issued by the Defense Logistics Agency--Energy (DLA) for a quantity of F76 diesel fuel. 1 RAOT maintains that the agency improperly evaluated proposals for 1 RAOT's protest is confined to the award of contract line items 0001-0004 that, collectively, are for the provision of 101,800,000 gallons of fuel.

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