[Protest of DLA Contract Award for Sulphur Analyzers]

B-251674: Apr 13, 1993

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A firm protested a Defense Logistics Agency (DLA) contract award for sulphur analyzers, contending that: (1) DLA improperly rejected its bid as technically unacceptable; (2) the solicitation's material requirement was unnecessary; (3) DLA should have issued the solicitation as a small business set-aside; (4) DLA failed to use federal supply schedules and award the contract to the low bidder; and (5) DLA improperly awarded the contract to a firm offering a foreign-made product. GAO held that: (1) DLA properly rejected the protester's bid as technically unacceptable, since the protester's equipment could not meet the solicitation's material requirements; (2) the protester untimely filed its protests regarding the necessity of the material requirement and the small business set-aside; (3) DLA properly awarded the contract to the high technically acceptable bidder, since the protester's bid did not satisfy DLA minimum needs; and (4) the award did not violate the Buy American Act. Accordingly, the protest was denied in part and dismissed in part.

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