A firm protested a Defense Fuel Supply Center (DFSC) solicitation for fuel, contending that: (1) the solicitation's small disadvantaged business evaluation preference was inconsistent with the 1995 Department of Defense appropriation act; and (2) DFSC failed to fully resolicit the previous solicitation. GAO held that: (1) the appropriation act provision was not applicable, since it pertained to on...

Protest that the Defense Fuel Supply Center improperly excluded from a solicitation issued in fiscal year 1996 a provision giving small disadvantaged preference to Indian Tribal corporations furnishing fuel from small business manufacturers/refiners is denied. Where the provision was contained in the Department of Defense's (DOD) appropriations act for fiscal year 1995. Was non-permanent in nature...