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B-421668 Aug 14, 2023 1 (2023-08-14)

handle is hein.gao/gaopax0001 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:   Levi Mason Trading

File:        B-421668

Date:     August 14,   2023

Adam  Rickenbach  for the protester.
Lesley Walter, Esq., and Mandy W. Chiles, 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 seeking payment for partial performance of costs incurred for the solicited
flex barrier system is dismissed because the protester's challenge presents a question
of contract administration not for our consideration as part of our bid protest function.

2. Protest that agency acted in bad faith in deciding to cancel the procurement is
denied where there is no indication in the record that the agency's actions constituted
bad faith.
DECISION

Levi Mason Trading, a service-disabled veteran-owned small business located in West
Boylston, Massachusetts, protests the decision of the Defense Logistics Agency (DLA)
to cancel purchase order No. SPMYM2-23-P-1391,  which was  issued to Levi Mason
without the contracting officer's signature, under request for quotations (RFQ)
No. SPMYM223Q1144, for a   flex barrier system. The protester argues that it is entitled
to payment for partial performance as a result of costs it incurred in procuring the
material required to produce the flex barrier system prior to the cancellation. The
protester also asserts that the agency's cancellation of the purchase order was
improper because  it constituted a breach of fair and honest bid practice.1 Protest at 5.

We  dismiss the protest in part and deny the protest in part.


1 The protester elected to file and pursue its protest pro se, that is, without counsel.
Therefore, our Office did not issue a protective order in this matter. Accordingly, in
certain areas, our discussion is general in nature to avoid reference to non-public
information.

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