[Protest of Evaluation Factors Used in Selection of Awardee]

A firm protested the selection of the awardee to furnish flash guard assemblies under a Defense Logistics Agency (DLA) request for proposals. The protester stated that it had developed a competing assembly at its own expense and that it should have been awarded the contract as an encouragement to firms to develop competitive products. Moreover, it contended that it was promised the contract by a DLA employee during negotiations and alleged that the awardee was given inside information by someone within DLA, because the awardee lowered its price significantly in its best and final offer, allowing it to quote a unit price lower than the protester's. GAO held that factors which may be evaluated, where the award is based on price and other factors, are those prescribed by law, regulation, or settled procurement practice. The agency acted properly by refusing to give the protester credit for its efforts to develop an acceptable alternative to a product previously available only from sole source. Accordingly, the protest was denied.