A firm protested the Defense Logistics Agency's (DLA) issuance of an amendment to an invitation for bids, contending that: (1) the amendment was improperly issued; (2) DLA improperly proceeded with bid opening despite its protest; and (3) the modification, which reduced the contract term, was unduly restrictive. The protester also claimed bid preparation costs. DLA argued that the protest should be dismissed as academic since, even if sustained, it would not result in a contract award to the protester because lower bids were received. GAO agreed with DLA, since it found that another bidder's bid price was lower than the protester's. Therefore, the protest was dismissed as academic and, in view of this conclusion, the protester was not entitled to recover its bid preparation costs. Accordingly, the protest was dismissed, and the claim was denied.
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