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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