AeroSage, LLC

B-417247.2 Apr 05, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AeroSage, LLC, of Tampa, Florida, a service-disabled veteran-owned small business, requests reconsideration of our decision in AeroSage, LLC, B-417247, Feb. 27, 2019 (unpublished decision), regarding request for proposals (RFP) No. SPE605-18-R-0231, issued by the Defense Logistics Agency (DLA) to supply ground fuel to various locations in Puerto Rico. In the protest, AeroSage argued that DLA violated veteran-owned small business set-aside provisions, improperly failed to set aside the procurement for small businesses or service-disabled veteran-owned small businesses (SDVOSBs), did not comply with DLA's congressionally mandated SDVOSB set-aside goals, and engaged in improper negotiations. Our Office dismissed the protest. We dismiss the request for reconsideration. We dismiss the request for reconsideration. View Decision Decision Matter of: AeroSage, LLC--Reconsideration File: B-417247.2 Date: April 5, 2019 David M. Snyder, for the protester. Matthew Vasquez, Esq., and May Sena, Esq., Defense Logistics Agency, for the agency. Alexander O. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of prior decision is denied where the requesting party has not shown that our decision contains either errors of fact or law or information not previously considered that warrants reversal or modification of the decision. DECISION AeroSage, LLC, of Tampa, Florida, a service-disabled veteran-owned small business, requests reconsideration of our decision in AeroSage, LLC, B-417247, Feb. 27, 2019 (unpublished decision), regarding request for proposals (RFP) No. SPE605-18-R-0231, issued by the Defense Logistics Agency (DLA) to supply ground fuel to various locations in Puerto Rico. In the protest, AeroSage argued that DLA violated veteran-owned small business set-aside provisions, improperly failed to set aside the procurement for small businesses or service-disabled veteran-owned small businesses (SDVOSBs), did not comply with DLA’s congressionally mandated SDVOSB set-aside goals, and engaged in improper negotiations. Our Office dismissed the protest. We dismiss the request for reconsideration. DLA issued the RFP dated August 6, 2018, for various types of fuel to be delivered to different locations in Puerto Rico. RFP at 1. Under amendment 5 to the solicitation, offerors were required to submit a transportation agreement, an offeror’s submission packet, a supply commitment letter, and a certificate of analysis for each product being offered. RFP amend. 5 at 2. Amendment 7 established the due date for initial proposals as October 26 at 4:30 p.m. RFP, amend. 7 at 1. On October 26, at 4:26 p.m., AeroSage sent an email to the agency objecting to “improprieties” in the solicitation, specifically asserting that the procurement was improperly bundled and also that it should have been set aside for SVDOSBs or small businesses. Request for Dismissal, Exh. 2, AeroSage Email. Aero Sage also submitted a proposal in response to the RFP. On November 20, the agency sent a letter to AeroSage containing negotiation issues. The letter set a response date of November 27. Negotiation Email, Nov. 20, 2018. AeroSage did not respond to the negotiation letter and instead, on November 29, submitted a protest to the agency in which it asserted that DLA had not conducted meaningful negotiations. Request for Dismissal, Exh. 3, AeroSage Protest, Nov. 29, 2018, at 2. AeroSage also asserted that the agency added improper requirements to the solicitation, including the requirement for certificates of analysis and letters of commitment. Id. In addition, AeroSage repeated the challenges to the terms of the solicitation that it raised in its October 26 email to the agency. Id. On January 4, 2019, the agency dismissed both of AeroSage’s agency-level protests. On January 7, AeroSage filed an additional agency-level protest in which it disagreed with the agency’s January 4 response regarding the solicitation improprieties, and requested that the protest be reviewed at a level above the contracting officer. Request for Dismissal, Exh. 5, AeroSage Email to DLA. On January 10, the agency notified AeroSage that it had awarded five contracts under the solicitation. On January 15, AeroSage filed its protest with our Office, raising the same arguments that it raised in its October 26, and November 29 agency-level protests. On January 18, DLA wrote to AeroSage concerning its January 7 protest and explained that AeroSage had already received a decision on its agency-level protests and the matter was closed. Request for Dismissal, Exh. 6, DLA Letter to AeroSage. On February 27, our Office dismissed the protest.