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B-414809 1 (2017-08-18)

handle is hein.gao/gaobadtsm0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                Comptroller General
Washington, DC 20548                                           of the United States




Decision


Matter of: Bluehorse Corporation

File:       B-414809

Date:       August 18, 2017

Akenaten Bluehorse for the protester.
Brian A. Quint, Esq., Department of the Interior, for the agency.
Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging agency's rejection of quotation as unacceptable is denied where the
protester conditioned its quotation in a manner that fails to conform to the terms of the
solicitation.
DECISION

Bluehorse Corporation, an Indian Small Business Economic Enterprise of Reno,
Nevada, protests the rejection of its quotation by the Department of the Interior, Bureau
of Indian Affairs, under request for quotations (RFQ) No. Al 7PS00709, issued by the
agency to acquire clear diesel fuel delivery for a highway construction project near
Polacca, Arizona. The protester asserts that the agency improperly rejected its
quotation.

We deny the protest.

BACKGROUND

On May 27, 2017, the agency posted the combined synopsis/solicitation on the Federal
Business Opportunities (FedBizOps) website using the commercial item procedures of
Federal Acquisition Regulation (FAR) subparts 12.6 and 13.5. RFQ at 1; Memorandum
of Law (MOL) at 1. The RFQ, which was set aside for Indian Small Business Economic
Enterprises pursuant to the Buy Indian Act, 25 U.S.C. § 47, contemplated the issuance
of a fixed-price order for the purchase and delivery of approximately 30,000 gallons of
clear diesel fuel for a highway construction project near Polacca, Arizona. RFQ at 1;
Agency Report (AR), Tab 3a, Acquisition Plan, at 2.

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