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B-415267,B-415267.2,B-415267.3,B-415267.4,B-415267.5,B-415267.6,B-415267.7,B-415267.8 1 (2017-12-13)

handle is hein.gao/gaobadubr0001 and id is 1 raw text is: 



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




Decision


Matter of: AeroSage, LLC; SageCare, Inc.
File:       B-415267; B-415267.2; B-415267.3; B-415267.4; B-415267.5;
            B-415267.6; B-415267.7; B-415267.8

Date:       December 13, 2017

David M. Snyder, AeroSage, LLC, for the protester.
David M. Snyder, SageCare, Inc., for the protester.
Jared M. Miller, Esq., and Journey L. Beard, Esq., Defense Logistics Agency, for the
agency.
Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's decision not to set aside the procurement for small
businesses is dismissed where the protester does not demonstrate that it is an
interested party to challenge the solicitation.

2. Protest challenging the agency's decision not to seek a waiver of the small business
nonmanufacturing rule for a procurement of fuel is denied where there is no statutory or
regulatory requirement for the agency to do so.

3. Protests alleging violations of the Procurement Integrity Act are dismissed, where the
protesters fail to allege facts that, if uncontradicted, would establish evidence of
improper agency action.
DECISION

AeroSage, LLC, of Tampa, Florida, a service-disabled veteran-owned small business
(SDVOSB), protests the terms of request for proposals (RFP) SPE600-17-R-0218,
issued by the Defense Logistics Agency (DLA) for various types of fuel to be delivered
to Department of Defense and federal civilian agency customers, including the
Department of Veterans Affairs (VA). AeroSage asserts that DLA should have set aside
the entire procurement for small businesses, that fuel destined for the VA should have
been set aside for procurement from SDVOSBs, and that the agency should have
sought a waiver of the small business nonmanufacturer rule. Protest at 1-2. AeroSage

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