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[Protest of Army Rejection of Offer]

B-212624 Published: Dec 05, 1983. Publicly Released: Dec 05, 1983.
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Highlights

A firm protested the Army's rejection of its offer and award to another offerer under a solicitation for mine assemblies. Since the protester had been in line for the award based on its low price, the contracting agency requested that the Defense Contract Audit Agency (DCAA) perform a preaward survey. The Army determined that the protester was nonresponsive based upon the DCAA survey report that found the protester unsatisfactory in several areas, primarily because it failed to present written confirmation of suppliers' commitments to deliver items and equipment with long leadtimes. When the protester presented supplemental material in response to the survey, the contracting agency determined that the protester still had not presented quotes from suppliers of several essential pieces of equipment. GAO does not question a contracting agency's nonresponsibility determination unless the protester demonstrates bad faith by the agency or a lack of any reasonable basis for the determination. GAO held that the negative preaward survey report and the subsequent review of supplemental data supplied by the protester gave contracting officials a reasonable basis for the determination. Accordingly, the protest was denied.

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Army procurementBid rejection protestsBidder responsibilityElectronic equipmentEvaluation protestsMilitary materielPreaward surveyU.S. Army