Allegation That System Was Improperly Excluded in Specifications

A supplier of underground heat distribution systems protested a portion of the solicitation specifications issued for the construction of a heating plant contending that its "Class A" type system was improperly excluded as an acceptable system on the project. The invitation for bids (IFB) called for a "Class B" type system, and the protester argued that construction regulations required that a "Class A" system be included in specifications for construction projects of this type. Although the record showed that the protester vigorously objected to the exclusion of its system, made efforts to have the specifications changed, and delivered a protest to the committee responsible for the regulation in question, it was informed that the project was a "Class B" site. Three weeks after the contract was awarded to another firm, the protester filed its protest with GAO. Protest procedures require that a protest be filed no later than 10 days after its basis is known. Therefore, this protest was dismissed as untimely.