[Protest of INS Rejection of Bid]

A firm protested the rejection of its bid under a solicitation issued by the Immigration and Naturalization Service (INS) for the construction of a border patrol station. The protester's bid was rejected as nonresponsive to a solicitation requirement to include a list of any intended subcontractors. The protester contended that the solicitation should not have required a list of subcontractors since, under procurement regulations, such a listing is required only for contracts which exceed $1 million and further that INS did not use the exact language set forth in procurement regulations or provide space for the list. Under bid protest procedures, a protest based upon alleged improprieties in a solicitation which are apparent prior to bid opening must be filed prior to that date to be considered on its merits. Since this protest was not filed within that timeframe, it was untimely. Because the protester materially deviated from directions of the solicitation by not providing a subcontractor list, GAO found that the agency's rejection of the protester's bid was proper. Accordingly, the protest was dismissed in part and denied in part.