[Protest of Provisions in DLA IFB]

B-223089: May 22, 1986

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A firm protested certain provisions in a Defense Logistics Agency solicitation and the proposed contract award to another firm, contending that the: (1) solicitation did not include inspection requirements stringent enough to protect the government's interest; (2) proposed awardee did not qualify as a manufacturer or regular dealer and, therefore, was not eligible for award; and (3) dollar threshold was too low for the procurement. GAO found that the protest against alleged solicitation improprieties was untimely since it was filed after bid opening. GAO will not consider questions concerning: (1) a bidder's qualification as a manufacturer or regular dealer; (2) a dollar threshold since it has no legal authority to do so; and (3) a contracting agency's affirmative determination of responsibility, absent a showing of fraud or bad faith, or that definitive criteria were not met. Accordingly, the protest was dismissed.

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