[Protest of Any DLA Contract Award for Filter Elements]

B-235049: Jun 21, 1989

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A firm protested any contract award to another firm under a Defense Logistics Agency (DLA) solicitation for filter elements, contending that it was entitled to award, since: (1) its bid was low after application of a small-disadvantaged-business evaluation preference; (2) DLA deliberately and in bad faith failed to send it a solicitation amendment; and (3) DLA improperly reopened negotiations and modified specifications to include a bidder's product that did not meet the original requirements. GAO held that: (1) DLA properly reopened discussions with all bidders after it reopened discussions with the protester to allow it to acknowledge the solicitation amendment; (2) the protester failed to support its allegations that DLA deliberately failed to send it a solicitation amendment; and (3) DLA properly modified the solicitation after determining that a bidder's product met its actual needs. Accordingly, the protest was denied.

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