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Govt.'s 44-Minute Response Window For RFQ Was Not Unreasonable

Monday, May 28, 2018 07:46 am


Dismissed/Denied: Sources Sought Notice

Matter of: AeroSage, LLC, 2018 U.S. Comp. Gen. Lexis 111 (April 17, 2018)

A protestor failed to show that its price quote should have been accepted when first submitted in response to a "sources sought notice"---or that it should have been granted more time to submit a second quote following a more proper RFQ solicitation.

In January 2018, in anticipation of what was described as a "Bomb Cyclone" of inclement winter weather, the Department of Veteran's Affairs (VA) conducted a procurement for 50,000 gallons of diesel heating fuel for the VA Medical Center in East Orange, New Jersey. The procurement was considered an emergency because the local electric and gas utility mandated that the VA "avoid use of natural gas to heat the building due to high demand for natural gas during the storm." Failure to obtain the diesel fuel would have cost the VA more than four times the normal gas rate.

After conducting market research, the VA determined there were 26 service-disabled veteran-owned small businesses (SDVOSB) that could fulfill its requirements. AeroSage, LLC (AeroSage) was one of these companies. But AeroSage lost out on the project because it mistakenly supplied a price quote in response to an initial "sources sought notice"---and then failed to submit the timely [...]

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