Protest against Failure To Procure Federal Supply Schedule Items

A company protested the failure of the agency to procure equipment under its Federal Supply Schedule (FSS) contract. The protest, filed initially with the agency 5 days after the award but within 10 days of solicitation, was timely since: the solicitation was oral, the time for receipt of quote was practically simultaneous with the solicitation, there was no formal or informal closing date, and the protester's allegations as to knowledge of the bases for protest were not contradicted by objective evidence. The protest was denied because the protester's FSS product did not meet Government requirements, and regulations authorized off-schedule, negotiated procurement with oral solicitation on an urgency basis.