Protester Claimed Agency Should’ve Used Existing Contract for Its Requirements. Why Did GAO Dismiss?

The protester alleged the agency improperly failed to utilize the protester’s existing long-term contract. It argued that this constituted a breach. GAO determined that this issue fell under contract administration, which it does not review.

Warfighter Focused Logistics, Inc., GAO, B-423546

• Background – The Defense Logistics Agency issued a request for quotations (RFQ) for 1,770 tire cross chains, set aside for small businesses. The protester, who held a long-term contract with the agency for the same item, challenged the agency’s decision not to use that contract.
• Long-Term Contract Dismissal – The protester first argued that the agency’s failure to use its existing long-term contract was improper, suggesting a breach of that contract. GAO dismissed this claim, stating that the matter pertained to contract administration. GAO explained that interpreting the long-term contract would exceed its jurisdiction, which only extends to procurement law violations, not disputes over contract administration.
• Evaluation of Quotations – The protester contended the agency unreasonably evaluated the awardee’s quotation, alleging it misrepresented available inventory. GAO found the protester’s claims lacked sufficient evidence and were speculative. It emphasized that to support a protest, allegations must be backed by credible evidence, which the protester failed to provide in this case.
• Past Performance Ratings – The protester also challenged the agency’s evaluation of its past performance. GAO upheld the agency’s reliance on credible past performance information, noting that the evaluation followed the solicitation’s criteria. The protester argued misunderstanding in previous evaluations contributed to its low score. However, GAO concluded that the agency acted reasonably based on the available data.

The protester is represented by Darrell Kem of an unspecified firm. The intervenor, Vehicle Maintenance Program, Inc., is represented by Julie K. Phillips, Esq., and Andrew Demosthenous, Esq., of the Defense Logistics Agency. The government is represented by Emily R. O’Hara, Esq., and Peter H. Tran, Esq., of the Office of the General Counsel, GAO.