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B-420338,B-420338.2 Dec 09, 2021 1 (2021-12-09)

handle is hein.gao/gaomox0001 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: Desert Springs Trout Farm
File:     B-420338; B-420338.2
Date:     December 9, 2021
Shawn N. Simmons, Desert Springs Trout Farm, for the protester.
Rhea R. Rodriquez, Oregon Department of Fish and Wildlife, for the intervenor.
Nathaniel S. Canfield, Esq., Department of the Army, for the agency.
Michael P. Grogan, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest raised subsequent to a post-award debriefing in a simplified acquisition
procurement for a commercial item is untimely where the procurement was not one
involving a required debriefing--thus the timeliness rules based on protests that
challenge a procurement involving a required debriefing are not applicable--and the
protest was filed more than 10 days after the bases of protest were known.
DECISION
Desert Springs Trout Farm, a small business of Summer Lake, Oregon, protests the
award of a contract to the Oregon Department of Fish and Wildlife (ODFW), under
request for quotations (RFQ) No. W9127N21 Q0092, issued by the Department of the
Army, U.S. Army Corps of Engineers (USACE), for the production and delivery of
rainbow trout to be stocked in USACE-managed waters throughout the Willamette River
basin in Oregon and Washington. The protester contends that USACE improperly
favored and colluded with ODFW during the course of the procurement, and that the
awardee failed to submit an adequate subcontracting plan.
We dismiss the protest.
The agency issued the RFQ on August 23, 2021, under the commercial item acquisition
and simplified acquisition procedures of Federal Acquisition Regulations (FAR) parts 12
and 13, seeking the production and delivery of rainbow trout to various locations in the
Willamette River basin. Req. for Dismissal, exh. 1, RFQ at 16, 49.1 The RFQ provided
1 Our citations to the record correspond to the Adobe PDF document page numbers.

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