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B-413533 1 (2016-10-28)

handle is hein.gao/gaobadsrh0001 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 Corporation

         File:        B-413533

         Date:       October 28, 2016

         Akenaten Bluehorse, for the protester.
         Charles B. Wallace, Esq., and Sherry Kinland Kaswell, Esq., Department of the
         Interior, for the agency.
         Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that agency failed to properly publicize and solicit quotations for diesel fuel
         requirement valued between $15,000 and $25,000, and thereby failed to obtain
         maximum practicable competition, is sustained where the agency placed the
         solicitation in a binder in a closed building on Saturday, seeking quotations by
         Monday, and one of three sources solicited was a propane supplier that was thus
         unlikely to be able to submit a quotation for diesel fuel.
         DECISION

         Bluehorse Corporation (Bluehorse), of Reno, Nevada, a small business, protests
         the award of a contract to Recon Oil Co., Inc., of Window Rock, Arizona, by the
         Department of the Interior, Bureau of Indian Affairs (BIA), under solicitation
         No. Al 6PS01 057 to supply diesel fuel to the Mariano Lake Community School, a
         Navajo District school operated by the Bureau of Indian Education, in Crownpoint,
         New Mexico. Bluehorse argues that the BIA improperly limited competition for the
         contract by failing to publicize the solicitation properly.

         We sustain the protest.

         The BIA issued the solicitation on Saturday, July 30, 2016, as a request for
         quotations (RFQ). The RFQ was prepared under the procedures for the
         streamlined acquisition of commercial items, as provided in Federal Acquisition
         Regulation (FAR) subpart 12.6. RFQ at 1; Dismissal Request at 1. The RFQ set

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