[Protest of DLA Bid Rejection]

B-212873: Feb 9, 1984

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A firm protested the rejection of its bid under an invitation for bids issued by the Defense Logistics Agency (DLA). The solicitation was for a product which may not be procured from foreign countries not designated in the Trade Agreements Act of 1979. Since the protester's product was not from a designated country, the protester's bid was rejected. The protester then filed a protest with GAO alleging that the rejection of its bid was improper because its product was manufactured in a country qualified under the preferences established by the Trade Act of 1974. Since GAO found that this procurement was governed by the Trade Agreements Act of 1979, not the Trade Act of 1974, this aspect of the protest was dismissed. The protester also argued that DLA should have granted a waiver for its bid under the national interest exception in the Trade Agreements Act. GAO found that this protest was untimely because it was not filed within 10 working days of the date upon which the protester knew the basis of the protest. Accordingly the protest was dismissed.

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