Protest Alleging Solicitation Was Unduly Restrictive

A firm protested that a Federal corporation did not make an award to it for the type of finished fabric under the request for proposals (RFP) and made an award instead to a competitor on a more restrictive delivery basis. The protester contended that it was the low, responsive offeror for a part of the yardage included in the solicitation and that it should have received an award for that part. The contracting corporation responded that the latter RFP was issued to obtain information for the contracting corporation and the RFP stated on the cover page that the Government would not be responsible for any cost in preparation of these proposals. Therefore, there was no legal basis to object to no award being made under the second RFP. However, contracting activity was remiss in viewing the protest as only an inquiry because the protest was stated in question form, since the context of the letter was that the protest was being made. A solicitation is not unduly restrictive simply because a particular offeror is unable to comply. The protests were denied.