Complaint of Alleged Solicitation Defect

A firm filed a complaint against the minority business enterprise utilization provisions contained in a contract that was 80 percent funded by the Department of Transportation. The complainant contended that the provisions contained in the invitation for bids violated its constitutional rights as well as the free enterprise system. GAO stated that the proper time to file complaints against solicitation provisions is prior to bid opening. Accordingly, GAO would not consider the merits of the firm's post-bid-opening complaint, and it was dismissed.