[Protest of Issuance of Amendment to DLA Solicitation]

B-210801.2: Nov 6, 1984

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A firm protested an amendment to a Defense Logistics Agency solicitation for forceps, contending that: (1) because the amendment was issued long after receipt of proposals under the solicitation, it amounted to an improper cancellation and resolicitation of the procurement; and (2) it was not notified of certain line item awards made previously under the solicitation. DLA amended the solicitation several times in response to changes in laws and regulations pertaining to the procurement of specialty metals. In addition, the procurement was delayed because of protests and a lawsuit filed by other bidders under the solicitation. GAO held that: (1) DLA properly issued the final amendment in response to another change in the law regarding the procurement of specialty metals; (2) DLA failed to make award to the protester during periods when the procurement was not delayed by protests and the lawsuit only because the product offered by the protester had not been approved; (3) while DLA improperly failed to notify the protester of the previous line-item awards, the failure was a procedural defect; and (4) the protester did not prove that the failure of DLA to notify it of the line-item awards evidenced prejudice. Accordingly, the protest was denied.