Top Guidelines For 2017 On Useful Bulk Diesel Methods

Sep 15, 2017

RFQ, Amend. 0003, at 1; AR, Tab 9c, Email Correspondence, at 1.  In response, Bluehorse complained that the contracting officer was not answering its question and repeated the question:  "Are the tanks 5,000 gallons (as listed on fbo.gov) or 4,000 gallons?"  AR, Tab 9c, Email Correspondence, at 3.  Shortly #bulk fuel delivery thereafter, Bluehorse sent a second email in which it stated, "[p]lease be aware that our offer was made on the ability to make a 7500 [gallon] drop (which also should be able to be done with two 5,000 gallon tanks)."  Id. at 5. The contracting officer responded by pointing out that the purchase order required the delivery of 4,000 gallons of fuel at a time.  AR, Tab 9d, Email Correspondence, at 1.  Bluehorse objected, contending that the solicitation did not expressly provide the amount to be delivered at a time.  Id. at 4.  In support of its contention, Bluehorse argued that "typically" does not mean "actual."  Id.  Bluehorse cautioned the agency that "[i]f you don't amend we will #fuel fleet services simply protest."  Id. At some point during this exchange between the parties, the contracting officer sent Bluehorse a revised purchase order correcting the capacity of the agency's tanks.  AR, Tab 9c, Final Purchase Order, at 11.  The revised purchase order also expressly stated that "[t]he government will order 4000 gallons for each delivery."  Id. at 11.  In the email forwarding the revised purchase order, the contracting officer stated, "if you agree[,] then sign[;] if not[,] then I will assume you do not agree to the terms and conditions of this contract and the solicitation."  AR, Tab 9c, Email Correspondence, at 8. After a number of subsequent exchanges between the parties, the contracting officer informed Bluehorse that "if you don't agree to the terms and conditions of the solicitation and award[,] you are providing your own terms and conditions (determining the amount you want to deliver and not what the government is requesting)[.]"  AR, Tab 9d, Email Correspondence, at 14.  The contracting officer informed Bluehorse that the agency deemed the protester's quotation "to be unacceptable."  Id.

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