[Protest of DLA Contract Award]

B-214344: Jul 24, 1984

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A firm protested a contract award by the Defense General Supply Center, contending that: (1) after its product had been approved and accepted by the agency, it was inappropriate for the agency to award the contract to another firm; (2) the procedures which the agency followed in determining the acceptability of the awardee's product were unacceptable; (3) since the awardee's product was not subjected to the same amount of testing as its own, the awardee's product was inadequately evaluated; and (4) the agency engaged in auctioneering during the negotiation process. GAO found that the facts did not support the protester's allegation that it was promised an award of the contract. After the alleged acceptance, the protester continued to participate in the negotiation process. GAO has held that the establishment of tests and procedures to determine product acceptability is a matter of contract administration which GAO will not question unless the determination is shown to be unreasonable. Furthermore, GAO found that evidence supported the reasonableness of the agency's determination. GAO did not agree that the awardee's product should have been subjected to the same type of testing as the protester's product, since the awardee offered the exact product solicited while the protester offered an alternative product. Finally, GAO found that the protester failed to submit any evidence to support its allegation of auctioneering. Accordingly, the protest was denied.

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