[Protest of DLA Contract Award for Supply of Milk and Ice Cream]

A firm protested a Defense Logistics Agency contract award, contending that the contracting officer permitted the awardee to furnish required information after bid opening and awarded the contract on the basis of the late bid modification, depriving the government of the ability to approve procurement sources before award and permitting the low bidder to secure better prices from sources than those quoted by its competitors. GAO has held that whether a bidder intends to meet its obligations if awarded an advertised contract involves bidder responsibility, which is determined at the time of award rather than at bid opening. Therefore, GAO found that the awardee properly altered its proposal before contract award, and the agency properly allowed the awardee to furnish new information and change its original performance approach. In addition, GAO found that the sources listed in the awardee's proposal were not those listed by the protester. Furthermore, the awardee's failure to complete various standard representations in its proposal constituted a minor informality and, therefore, did not require rejection of the bid. Accordingly, the protest was denied.