[Protest of DLA Contract Award for Portable Ventilators]

B-250968.2: Mar 17, 1993

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A firm protested a Defense Logistics Agency (DLA) contract award for portable ventilators, contending that: (1) the awardee's bid failed to comply with the solicitation requirements; (2) DLA engaged in technical levelling; and (3) the awardee failed to obtain pre-marketing approval for its product before submitting its bid. GAO held that: (1) DLA properly accepted the awardee's proposed modifications to its product to satisfy solicitation requirements; (2) there was no basis to question the affirmative responsibility determination, since the solicitation requirements did not constitute definitive responsibility criteria; (3) DLA discussions with the awardee did not constitute technical levelling; (4) the awardee was not required to obtain approval for its product prior to contract award; and (5) the protester's subsequent protest was untimely. Accordingly, the protest was denied in part and dismissed in part.

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