[Protest of DLA Contract Award for Fuel Injector Nozzles]

B-229508.2: May 31, 1988

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A firm protested a Defense Logistics Agency (DLA) contract award for fuel injector nozzles, contending that DLA improperly: (1) delayed the technical evaluation of its alternate product; (2) accepted the awardee's use of an unapproved part; and (3) failed to conduct discussions with it on its bid price. The protester also claimed reimbursement for its bid and protest preparation costs. GAO held that: (1) the protest against the evaluation delay and acceptance of an unapproved source was academic, since DLA stopped contract performance pending complete evaluations of both bidders' equipment; (2) since the solicitation contained a duty-free clause, DLA properly inferred that the protester's bid excluded import fees; and (3) the protester was not entitled to reimbursement for its bid and protest preparation costs. Accordingly, the protest and claim were denied.

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