[Protest of DLA Contract Award for Welding System]
Highlights
A firm protested a Defense General Supply Center (DGSC) contract award to another firm for a welding system, contending that the awardee offered a product that did not conform to a solicitation requirement. The protester also claimed reimbursement for its bid and protest preparation costs. The solicitation required a particular system manufactured by the protester or a physically, mechanically, electrically, and functionally identical product. DGSC and the awardee conceded that there were several mechanical, electrical, and conceptual differences between the protester's system and the awardee's, but DGSC determined that the awardee's product was functionally acceptable. GAO held that DGSC erred because the awardee's product was not identical to the protester's. GAO recommended that DGSC terminate the awarded contract and resolicit for the required product. GAO also held that, since the protester would have an opportunity to compete under the new solicitation, the claim was without merit. Accordingly, the protest was sustained and the claim was denied.