[Protest of Contract Award Alleging Improper DLA Refusal To Reopen Negotiations]
Highlights
A firm protested a contract award to another firm under a Defense Logistics Agency (DLA) solicitation, contending that: (1) DLA improperly refused to reopen negotiations after receipt of best and final offers even though the contracting officer orally advised the protester that negotiations would be reopened; (2) DLA improperly permitted the awardee to lower its price before the contract award; and (3) the contract was awarded by an official other than the contracting officer. GAO held that: (1) DLA was not required to reopen negotiations after receipt of best and final offers; (2) the protester relied on oral advice at its own risk; (3) DLA properly allowed the bid modification because it had already been determined that the awardee was the successful offerer; and (4) the official referred to by the protester was the contracting officer. Accordingly, the protest was denied.