[Protest of DLA Requirements Contract Award]

B-208035: Mar 22, 1983

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A small business concern protested a Defense Logistics Agency (DLA) contract award for medical devices. The protester asserted that it was the low responsible offeror, but was improperly rejected as nonresponsible by DLA without the requisite referral of the matter to the Small Business Administration (SBA) for consideration under the Certificate of Competency (COC) procedures. DLA referred the quality assurance portion of its preaward survey to the Food and Drug Administration (FDA) under an interagency agreement, and FDA could not recommend the protester for the procurement since it was not manufacturing the product at the time of the DLA survey. Based on the FDA recommendation, DLA determined that the protester was nonresponsible and that the determination was exempted from referral to SBA for COC consideration. FDA continued to review the protester's product and found it acceptable after the award for this procurement was made. SBA acknowledged that it could not supplant the FDA finding, but stated that it should have been able to ensure that the small business firm was afforded procedural due process in the evaluation. GAO agreed with the protester and SBA that the responsibility determination should have been referred to SBA as mandated by the Small Business Act. The protester's rejection was based on the DLA contracting officer's nonresponsibility determination which had been derived from a FDA statement that was not binding on the contracting officer. Accordingly, GAO sustained the protest. Since award to the protester under this solicitation was not possible because the contract had been substantially performed, a claim for proposal preparation costs was not considered, and the protester's contentions concerning several minor ancillary issues were also not addressed.

Mar 22, 2018

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.

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