Unduly Restrictive Specifications

A protester alleged that the specifications set forth in an invitation for bids were unduly restrictive. Funds used for the procurement were provided under a grant from the Department of Health, Education and Welfare. Where Federal grant terms and regulations state that the grantee may use its own procurement policies, the grant complaint is reviewed against State law bearing on the issue. By reserving the right to waive any technical specification to some undefined extent and by providing no definitive criteria for evaluating bids which deviated from the stated specifications, the grantee operated improperly under Oklahoma law.