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Rather, we view this representation as a statement of the vendor's capabilities.Although we find that Bluehorse's quotation, as submitted, conformed to the solicitation's material terms and conditions, the record supports the agency's conclusion the protester subsequently conditioned its quotation upon the ability to deliver a minimum of 7,500 gallons of fuel at a time.

Moreover, an agency need not delay a procurement simply to accommodate Bannums choice of approach to meeting the agencys requirements.

See Erickson Aero Tanker, B-411306.2, B-411306.5, July 29, 2015, 2015 CPD 226 at 11.

We resolve questions of solicitation interpretation by reading the solicitation as a whole and in a manner that gives effect to all provisions; to be reasonable, and therefore valid, an interpretation must be consistent with such a reading. Here, the plain language of the solicitation states that the agency (specifically the construction manager) possesses the discretion to dictate the delivery dates and quantities.

The online edition of the Oxford English Dictionary defines the word "typically" as meaning "in most cases" or "usually." Oxford English Dictionary, (last visited August 14, 2017).

Although we do not discuss all of Bluehorse's challenges, we have fully considered them and conclude that none furnishes a basis upon which to sustain the protest. As explained above, the solicitation's delivery and quantity terms provided: All fuel delivery must be coordinated with the construction manager who will schedule delivery dates and quantities. Contrary to the contracting officer's repeated assertions, however, we do not construe the solicitation as requiring the agency to issue an order for the delivery of 4,000 gallons of fuel at a time.

Last modified 13-Sep-2019 06:00