[Protest of DLA Contract Award]

B-209188: Jan 31, 1983

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A firm protested the award of a contract contending that the Defense Logistics Agency (DLA) acted unreasonably in determining its lower priced proposal to be technically unacceptable and in awarding the contract to another firm without holding discussions. The protester conceded that its offer did not meet the specifications in the request for proposals, but it argued that its offer was technically acceptable because it was identical to three previous proposals which had been acceptable. GAO was advised that, contrary to the protester's allegations, the prior solicitations contained specifications different from the current solicitation, and prior deliveries were in conformance with those specifications. To the extent that the protester asserted that the changed requirement was unduly restrictive, its protest was untimely and not for consideration. GAO held that DLA properly found the protester's proposal to be technically unacceptable and properly excluded it from the competitive range. Since such a determination is a matter of contract administration, GAO would not disturb it absent a clear showing that the determination lacked a reasonable basis. Further, the failure to hold discussions was proper because, in negotiated procurements, discussions need only be conducted with offerors in the competitive range. Accordingly, the protest was denied.