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B-417289 1 (2019-04-24)

handle is hein.gao/gaobadzdy0001 and id is 1 raw text is: 



GAO 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-417289

Date:       April 24, 2019

David M. Snyder, AeroSage LLC, for the protester.
Matthew Vasquez, Esq., and May Sena, Esq., Defense Logistics Agency, for the
agency.
Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest of an agency's requirement for vendor to provide written acceptance of
government offer made pursuant to a request for quotations in less than three hours is
denied where the amount of time provided was not unreasonable under the
circumstances of the procurement, including that the agency required performance on
the next day.

2. Protest of an agency's failure to implement the statutorily required stay of
performance is dismissed as it is not a matter for consideration by GAO.
DECISION

AeroSage  LLC, a service-disabled veteran-owned small business of Tampa, Florida,
protests the award of a purchase order to Infinite Energy Corp., a woman-owned small
disadvantaged business of New York, New York, under request for quotations (RFQ)
No. SPE605-19-Q-0253,  issued by the Defense Logistics Agency (DLA) for diesel fuel.
The protester argues the agency unreasonably withdrew the government's offer and
moved  to the next lowest-priced technically acceptable vendor for award after providing
AeroSage  less than three hours to provide written acceptance of the offer. The
protester also alleges the agency violated the Competition in Contracting Act by failing
to stay contract performance.'


1 AeroSage also protests the alleged cancellation of RFQ No. SPE605-19-Q-0253 and
subsequent resolicitation of the same requirement under RFQ No. SPE605-19-Q-0256.
AeroSage's challenge to the issuance and terms of RFQ No. SPE605-19-Q-0256 is
                                                                   (continued...)

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