Protest Against Allegedly Restrictive Solicitation Specifications and Procurement Procedures

A protester to awards under a negotiated multiple award solicitation contended that: the solicitation was unduly restrictive, the protester was a responsible bidder, contracts were awarded based on letters of commitment which were scheduled to lapse before expiration of the contract, awardees' prices were higher than the protester's, awards should not be made while protest was pending, and two awardees were not regular dealers. The protest against the allegedly restrictive solicitation was untimely as it was filed several months after the date set for receipt of offers. The protest based on other allegations was denied because: the agency uniformly applied the provision requiring suppliers to submit letters of commitment from manufacturers before award; the protester's burden of proof was not satisfied relating to award during pendency of protest; and determination of whether a bidder is a manufacturer or regular dealer is a matter for the contracting officer, subject to Department of Labor review.