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B-421830.3 Apr 05, 2024 1 (2024-04-05)

handle is hein.gao/gaoqlu0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: DGCI Corporation File: B-421830.3 Date: April 5, 2024 Lawrence J. Sklute, Esq., Sklute & Associates, for the protester. Christopher S. Colby, Esq., Celia M. DePaolis, Esq., and Steven M. Sosko, Esq., Defense Logistics Agency, for the agency. Hannah G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A solicitation requirement that is burdensome, or even impossible for a particular firm to meet, does not make the requirement objectionable if it properly reflects the agency's needs. 2. Protest that the solicitation places unreasonable risk on the contractor is denied where the level of risk is reasonably within the agency's discretion; a solicitation need not be drafted to eliminate all performance uncertainties. 3. Protest that certain solicitation terms conflict is dismissed as untimely where it was not filed prior to the next due date for receipt of proposals following the introduction of the challenged terms. DECISION DGCI Corporation, of McLean, Virginia, protests the terms of request for proposals (RFP) No. SPE605-23-R-0210, issued by the Defense Logistics Agency (DLA) for various types of fuel to be delivered to locations throughout Iraq. The protester alleges that the RFP's terms are unduly restrictive, conflicting, and place unreasonable risk on the contractor. We deny the protest.

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