[Protest of DLA's Refusal To Consider Bid]

B-208948: Mar 22, 1983

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A firm protested the Defense Logistics Agency's (DLA) refusal to consider its bid as being eligible for an evaluation preference as a labor surplus area (LSA) concern. The solicitation required each bidder desiring to be considered as an LSA concern to indicate the address where the LSA contract costs would be incurred. The solicitation also clearly indicated that failure to do so would preclude consideration as an LSA concern. The record showed that the protester's bid did not contain any information that related to the LSA preference and neither did the bid include any LSA address for performance. GAO held that DLA correctly refused to give the protester's bid an evaluation preference. Further, because a material bidding term was involved, information submitted after bid opening or the contracting officer's knowledge of the firm's prior bids were not relevant to the determination. Accordingly, the protest was denied.

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