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B-413363 1 (2016-10-13)

handle is hein.gao/gaobadsqe0001 and id is 1 raw text is: 




          G     A    O                                                    Comptroller General
!       Accountablity * 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 i s i o n                           - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   Areaka Trading & Logistics Company

           File:        B-413363

           Date:        October 13, 2016

           David T. Ralston Jr., Esq., Frank Murray, Esq., Anna S. Ross, Esq., and Micah
           Zomer, Esq., Foley & Lardner LLP, for the protester.
           Matthew Vasquez, Esq., Department of Defense, for the agency.
           Kenneth Kilgour, Esq., and Laura Eyester, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that agency's solicitation unreasonably failed to include definitive
           responsibility criterion requiring offerors show specific authorization to sell jet fuel is
           denied where agency provides reasonable basis to require compliance during
           contract performance and the record provides no basis to deviate from the general
           principle that this Office does not permit a protester to use the protest process to
           advocate for more restrictive government requirements.
           DECISION

           Areaka Trading & Logistics Company, of Amman, Jordan, protests the terms of
           request for proposals (RFP) No. SP0600-16-R-0214, issued by the Department of
           Defense, Defense Logistics Agency (DLA), for the delivery of various types of fuel,
           including jet propulsion 8 (JP8) aviation fuel, to locations in Jordan and the Arab
           Emirates. The protester asserts that the RFP terms are defective because the
           solicitation does not require an offeror to demonstrate, as a precondition of award,
           that the offeror is authorized by the Royal Jordanian Air Force (RJAF) to sell JP8
           fuel in Jordan.

           We deny the protest.

           On June 30, 2015, DLA issued the solicitation to contractors with current Basic
           Ordering Agreements (BOAs) issued under Solicitation No. SP06-15-R-0210.
           Agency Report (AR), Exh. 1, Combined Synopsis/Solicitation. The solicitation
           contemplates the award of one or more requirements-type, fixed-price with
           economic price adjustment contracts to the responsible offeror or offerors offering

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