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B-420716 Jul 27, 2022 1 (2022-07-27)

handle is hein.gao/gaonkx0001 and id is 1 raw text is: 



                   U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Alamo  Strategic Manufacturing, Inc.

File:       B-420716

Date:       July 27, 2022

Rene  H. Sosa, for the protester.
Allison Colsey Eck, Esq., Defense Logistics Agency, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's exclusion of protester's proposal from competition due
to late submission of protester's product demonstration model (PDM) is dismissed as
untimely when filed more than ten days after the agency informed the protester that its
PDM  was received late by the agency and would not be considered.

2. Protester is not an interested party to challenge the agency's evaluation of the
awardee's proposal where it would not be in line for award even if its protest were to be
sustained.
DECISION

Alamo Strategic Manufacturing, Inc., a small business located in San Antonio, Texas,
protests the award of a contract to Forum Industries, Inc., a small business also of San
Antonio, Texas, under request for proposals (RFP) No. SPE1 C1-21-R-0099, issued by
the Defense Logistics Agency (DLA) for knee and elbow pads. Alamo challenges the
agency's decision to exclude its proposal from the competition because it failed to
submit a timely product demonstration model (PDM). The protester also challenges the
award to Forum, asserting that the awardee's proposal misrepresented its source of
supply.

We  dismiss the protest.

BACKGROUND

The Defense Logistics Agency (DLA) issued the solicitation on November 2, 2021, as a
small business set-aside, seeking knee and elbow pads in operational camouflage
pattern and coyote. Dismissal Req., exh. 2, RFP at 1-2. The solicitation contemplated

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