[Protest of DLA Rejection of Bid for Supply of Radiator Assemblies]

B-221438.2: Apr 18, 1986

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A firm protested the Defense Logistics Agency's (DLA) rejection of its bid for the supply of radiator assemblies, contending that DLA: (1) improperly rejected its offer to provide a product identical to the one specified in the solicitation; and (2) failed to conduct discussions with it. GAO found that: (1) DLA rejected the protester's offer because the blueprint for its allegedly identical product indicated that the product was dimensionally different from the specified radiator; (2) the protester failed to meet its burden of proving that its offered product was identical to the specified product; (3) DLA had no obligation to conduct discussions with the protester since its offer was technically unacceptable; (4) allegations that were raised after the receipt of the agency report and more than 2 months after the initial protest were untimely filed; and (5) there was no evidence that the protester made any attempt to refute the agency's determination that its product was technically unacceptable. Accordingly, the protest was denied in part and dismissed in part.

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