[Protest Against DLA Procurement Procedures Under Solicitation for Shower Assemblies]
Highlights
A firm protested the Defense Logistics Agency's (DLA) acceptance of another firm's bid for shower assemblies, contending that: (1) the awardee's prices reflected predatory price-cutting, in violation of antitrust laws; (2) the awardee was nonresponsible, since it lacked business integrity; and (3) the awardee's product did not meet solicitation specifications. GAO held that: (1) the protester should refer any allegations of antitrust violations to the Department of Justice; (2) it would not review the DLA determination that the firm was responsible, absent a showing of fraud or bad faith or that DLA failed to apply definitive responsibility criteria; and (3) it would not consider the contention the firm would not perform according to contract requirements, since that was a matter of contract administration. Accordingly, the protest was dismissed.