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B-412494,B-412494.2 1 (2016-02-26)

handle is hein.gao/gaobadryl0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
     Accountability * Integrity * Reliability             of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of:   Bluehorse

         File:     B-412494; B-412494.2

         Date:     February 26, 2016

         Akenaten Bluehorse, for the protester.
         Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency.
         Laura Eyester, Esq., Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest of agency's rejection of quotation as unacceptable is denied where the
         protester, the only vendor responding to the quotation, took exception to the terms
         of the solicitation and offered a price that was found to be unreasonable.

         2. Protest that cancellation of the solicitation was a pretext for not awarding the
         contract to the protester is denied where the agency cancelled the solicitation
         because it did not receive an acceptable quotation and instead decided to purchase
         the heating fuel oil through the Defense Logistics Agency.
         DECISION

         Bluehorse, of Reno, Nevada, a small business, protests the Department of the
         Interior, Bureau of Indian Affairs' (BIA) actions with regard to request for quotations
         (RFQ) No. A16PS00018, for heating fuel oil for the BIA Rosebud Agency in
         Rosebud and Mission, South Dakota. Bluehorse asserts that the agency
         unreasonably rejected its quotation and cancelled the solicitation as a pretext to
         avoid making award to the protester.

         We deny the protest.

         BACKGROUND

         On November 9, 2015, BIA posted the combined synopsis/solicitation on the
         Federal Business Opportunities (FedBizOps) and FedConnect websites using the
         commercial item procedures of Federal Acquisition Regulation (FAR) Part 12 and
         the simplified acquisition procedures of FAR subpart 13.5. RFQ at 1. The RFQ,

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