[Protest of DLA Decision To Test Part Offered Under RFQ for Brake Shoes]
Highlights
A firm protested a Defense Logistics Agency (DLA) decision to perform operational tests on the part it offered under a solicitation for brake shoes requiring the original equipment manufacturer's (OEM) part or an equivalent, contending that: (1) DLA unreasonably delayed placing an order with it until it completed the tests, since the part was approved under the prior acquisition; and (2) it was entitled to recover its protest costs even if GAO denied the protest. The protester also requested reimbursement for its bid preparation costs if DLA did not place an order with it. GAO held that the DLA decision to require further testing of the protester's part was proper since: (1) it was based on an engineering support activity report that indicated problems with other-than-OEM parts; (2) DLA indicated that it would purchase the protester's brake shoes if it found that the protester's part was equivalent to the OEM part; (3) the protester was not entitled to recover the costs of filing the protest, since the protest had no merit; and (4) the claim for bid preparation costs was premature since DLA had not yet placed an order. Accordingly, the protest and claims were denied.