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

B-416200 1 (2018-07-06)

handle is hein.gao/gaobaduwp0001 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

File:       B-416200

Date:       July 6, 2018

David M. Snyder, for the protester.
Suzanne L. Brangan, Esq., Defense Logistics Agency, for the agency.
Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging agency's decision to make reprocurement award on basis of third
lowest-priced quotation is denied, where record reflects that protester, the second
lowest-priced vendor, could not immediately commit to its previously quoted price, and a
relatively short time-span had elapsed between the receipt of quotations and the
reprocurement award.
DECISION

AeroSage, LLC, a small business of Tampa Florida, protests the Defense Logistics
Agency's issuance of a purchase order to Tayrona Investments, LLC, a small business
of West Palm Beach, Florida, for 2,000 gallons of red-dyed diesel fuel. The purchase
order was issued as a reprocurement following the default of the original lowest-priced
vendor, and the protester contends that as the second lowest-priced vendor it should
have received award.

We deny the protest.

BACKGROUND

The agency issued a request for quotations (RFQ) on March 20, for delivery of 2,000
gallons of red-dyed diesel fuel to Mechanicsburg, Pennsylvania, on March 22. Agency
Report (AR), Memorandum of Law (MOL) at 2. The RFQ, issued under Federal
Acquisition Regulation (FAR) part 13 simplified acquisition procedures, contemplated a
fixed-price, one-time order, issued to the vendor submitting the lowest-priced quotation.
Id. Several quotations were received, including quotations from Aero Energy,
AeroSage, and Tayrona. Id. Aero Energy quoted the lowest price, and award was

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