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

B-419747 Apr 27, 2021 1 (2021-04-27)

handle is hein.gao/gaolky0001 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:   US21, Inc.

File:        B-419747

Date:     April  27, 2021

Christopher R. Shiplett, Esq., Randolph Law, PLLC, for the protester.
Matthew Vasquez,  Esq., Defense Logistics Agency, 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 that agency failed to properly publicize solicitation, and thereby unreasonably
limited competition, is dismissed as untimely because the protester knew the basis of its
protest more than 10 days prior to filing with our Office.
DECISION

US21,  Inc., a small business of Fairfax, Virginia, protests the decision of the Defense
Logistics Agency (DLA) to award multiple contracts under request for proposals (RFP)
No. SPE60520R0242,   for the supply of fuel products for the U.S. Navy at multiple
military installations in the Caribbean. The protester contends that DLA improperly
limited competition by failing to properly publicize the solicitation.

We  dismiss the protest as untimely.

On  September 10, 2020, DLA issued a request for information (RFI) on beta.sam.gov,
the single, government-wide point of entry (GPE), seeking potential sources of supply
for its fuel requirements for DLA customers in the Caribbean; responses were due by
September  21. Protest, exh. 1 at 2. On December 8, the agency issued the solicitation
for its fuel requirements on beta.sam.gov, seeking the submission of proposals by
January 25, 2021. Id., exh. 2 at 1. On March 5, the protester spoke with DLA's contract
specialist for this procurement, via telephone, who advised the protester that the
solicitation requirement was closed. Id., exh. 3 at 2. DLA further informed the protester
that the agency had mistakenly listed the solicitation as a sources sought notice rather
than as a solicitation on beta.sam.gov. Id. The protester requested that DLA reopen
the competition due to the posting error, but the agency declined. Id. at 2. The
protester made the same request, several weeks later, on March 25 and April 1. Id.

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