[Protests Against DLA Rejection of Bids for Storage Batteries]

B-231883.2,B-231884.2: Oct 4, 1988

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A firm protested the Defense Logistics Agency's (DLA) rejection of its bids for storage batteries, contending that DLA improperly made a negative determination of its responsibility, since DLA: (1) had erroneous information that its goods did not comply with the solicitation; and (2) conducted a preaward survey improperly. The protester also contended that the awardee could not supply a domestic product and should be subject to evaluation under the Buy American Act. GAO held that: (1) the protester was not sufficiently interested to protest the award, since it was not the low bidder after the addition of Buy American Act factors and would not be line for award even if its protest were sustained; and (2) DLA properly did not apply Buy American Act evaluation factors to the awardee's bid, since its product originated in the United States. GAO also held that the protester was not sufficiently interested to protest the second award, since it was not in line for award. Accordingly, the protests were dismissed.

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