[Protest of DLA Contract Award]

A firm protested a Defense Logistics Agency contract award under an invitation for bids (IFB) for ammunition cases. The IFB was a total small business set-aside and provided an evaluation advantage to bidders who performed at least 50 percent of the contract in a labor surplus area (LSA). The protester argued that the awardee's bid should have been found nonresponsive because the awardee failed to acknowledge three amendments to the IFB prior to bid opening. GAO found this complaint to be without merit, since the awardee acknowledged the amendments on the bid form itself. In addition, the protester argued that the awardee's failure to complete various representations and certifications in the bid rendered the bid nonresponsive. GAO has held that the completion of these documents is not required to determine the responsiveness of a bid; therefore, the omissions could be waived. The protester also argued that, because the awardee changed the location in which it planned to perform the contract, it should not be considered eligible for the LSA preference. GAO found no legal merit to this argument because a firm that is eligible for an LSA preference may change its place of work as long as the new location is within an LSA. Further, the percentage of contract costs to be performed in the LSA area can be changed provided it still exceeds the minimum percentage. Finally, GAO refused to consider several questions which the protester raised concerning the awardee's responsibility, since it does not review a a contracting officer's affirmative determination of responsibility absent a showing of fraud, bad faith, or that definitive responsibility criteria have not been met. Accordingly, the protest was denied in part and dismissed in part.