Protest Alleging Restrictive Specifications in RFP

B-202511: Apr 6, 1981

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An individual filed a protest under a request for proposals issued by the Department of Health and Human Services. The protester contended that the solicitation specifications were written in a manner which excluded all but two offerors. Protest procedures require that protests concerning allegedly restrictive specifications be filed prior to the date for receipt of proposals. Since the protest was not filed within the required timeframe, it was untimely and not for consideration on its merits. The protester argued that he had filed an oral protest with the contracting agency on the day for receipt of initial proposals. However, the agency's protest regulations require oral protests to be confirmed in writing prior to the closing time for receipt of initial proposals. Since the protester did not confirm his oral protest in writing, his subsequent protest to GAO was also untimely. Accordingly, the protest was dismissed.