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B-411260 1 (2015-06-23)

handle is hein.gao/gaobadrfa0001 and id is 1 raw text is: 




        G     A    O                                                 Comptroller General
      Accountability * Integrity * Reliability             of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of:  SageCare, Inc.

         File:       B-411260

         Date:       June 23, 2015

         David M. Snyder, SageCare, Inc., for the protester.
         Jeanne S. Morris, Esq., Department of Veterans Affairs, for the agency.
         Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Protest that the agency improperly excluded protester from consideration for award
         of an emergency delivery order is denied where the record shows that the agency's
         decision was reasonable under the circumstances.
         DECISION

         SageCare, Inc., of Tampa, Florida, protests the award of purchase order No.
         VA241-15-P-0353 to Innovative Federal Operations Group, LLC (IFOG), of Vista,
         California, by the Department of Veterans Affairs (VA) for the delivery of 20,000
         gallons of fuel oil to an agency facility in West Haven, Connecticut. SageCare
         argues that the agency improperly failed to consider the firm for award of the order.

         We deny the protest.

         BACKGROUND

         The agency awarded purchase order No. VA241-15-P-0353 to IFOG on November
         26, 2014, as an emergency order for delivery of fuel oil to the West Haven VA
         Medical Center utilizing procedures set forth in Federal Acquisition Regulation
         (FAR) §13.106-1 (b)(1)(i). Those procedures permit agencies to solicit from one
         source if the contracting officer determines that the circumstances of the contract
         action deem only one source reasonably available, such as for urgency reasons.'

         1 The agency states that it utilized noncompetitive procedures set forth in FAR
         § 6.302-2. Legal Memorandum at 6. However, the record clearly shows that the
                                                                          (continued...)

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