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B-419347,B-419347.2,B-419347.3 1 (2021-01-25)

handle is hein.gao/gaobaecic0001 and id is 1 raw text is: 


                   1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                               A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                                Comptroller General
Washington, DC 20548                                           of the United States




Decision


Matter of:  Crowley Government  Services, Inc.; Petro Star, Inc.

File:       B-419347; B-419347.2; B-419347.3

Date:       January 25, 2021

James  Y. Boland, Esq., Christopher G. Griesedick, Esq., and Krista A. Nunez, Esq.,
Venable LLP, for Crowley Government Services, Inc.; and Damien C. Specht, Esq., and
James  A. Tucker, Esq., Morrison and Foerster, LLP, for Petro Star, Inc., protesters.
Howard  W. Roth, Esq., and Michael Schmidt, Esq., Oles Morrison Rinker & Baker, LLP,
for Delta Western, LLC, an intervenor.
Jacqueline Neumann, Esq., Matthew Vasquez, Esq., and Howard M. Kaufer, Esq.,
Defense Logistics Agency, for the agency.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protests challenging agency's evaluation of price proposals and award of contracts are
sustained where record shows agency's evaluation was not in accordance with the
terms of the solicitation.
DECISION

Crowley Government  Services, Inc., of Jacksonville, Florida, and Petro Star, Inc., of
Anchorage, Alaska, protest the award of various contracts under request for proposals
(RFP) No. SPE605-20-R-0222,  issued by the Defense Logistics Agency to acquire
various petroleum products. Both protesters argue that the agency misevaluated prices
in connection with the awarded contracts.

We  sustain the protests.

BACKGROUND

The RFP  contemplates the award of multiple fixed-price requirements type contracts on
a lowest-price technically acceptable (LPTA) basis to provide petroleum products to
Department of Defense and federal civilian agencies in Alaska during a 5-year ordering
period. The RFP included 164 contract line item numbers (CLINs) and firms were
advised that awards would be made individually on a CLIN-by-CLIN basis. RFP at 123.

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