[Protest of Air Force Contract Award on Basis of Oral Quotation]

B-212544: Oct 24, 1983

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A firm protested the award of contract on the basis of an oral quotation under a request for quotations issued by the Air Force for a lift truck. The protester reported that, after the Air Force had received quotes from the awardee and the protester, the awardee was contacted by the Air Force to better the protester's quotation. The protester alleged that the awardee complied and subsequently received the award. The protester urged that this was tantamount to an auction and highly irregular. The Air Force denied both receiving more than one quotation from the awardee and disclosure of the protester's price to the awardee. The protester has the responsibility of presenting sufficient evidence to affirmatively establish its position. GAO does not, as the protester requested, conduct investigations for the purpose of establishing the validity of a protester's speculative statements. Where an agency denies the protester's contention and the protester fails to furnish the required probative evidence, the contention is speculative and the protester has not met its burden of proof. Since the protester failed to furnish the required evidence in support of its position, the protest was denied.