About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-415607,B-415607.2,B-415607.3 1 (2018-01-03)

handle is hein.gao/gaobadudy0001 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-415607; B-415607.2; B-415607.3

Date:       January 3, 2018

David M. Snyder, AeroSage, LLC; David M. Snyder, SageCare, Inc., for the protesters.
Aharon King, Tayrona Oil, Inc., for the intervenor.
Jared M. Miller, Esq., Defense Logistics Agency, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest filed more than 40 days after the protester's owner and president had actual
notice of the protester's non-selection for award is dismissed because it is untimely.

2. Protest that an agency unreasonably failed to amend the solicitation to alter the
delivery schedule is denied where the protester failed to establish any competitive
prejudice.
DECISION

AeroSage, LLC, a small business, of Tampa, Florida, and SageCare, Inc., a small
business, of Tampa, Florida, protest the award of a contract to Tayrona Oil, Inc., a small
business, of West Palm Beach, Florida, under purchase request No. 71150203, issued
by the Defense Logistics Agency (DLA), for 5,000 gallons of fuel to the Milwaukee
Veterans Administration Medical Center (MVAMC). The protesters primarily allege that
DLA unreasonably modified the purchase request's delivery schedule without issuing an
amendment.

We dismiss SageCare's protest and deny AeroSage's protest.

BACKGROUND

On October 5, 2017, the MVAMC placed a purchase request with DLA for 5,000 gallons
of fuel for delivery on Friday, October 13. Agency Report (AR), Tab 2, Purchase
Request, at 1. On October 10, the DLA contracting specialist emailed potential offerors
a request for quotations. The contracting specialist sent one request to Tayrona, and

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most