[Protest of Provision in RFP]

A firm protested a provision in a request for proposals (RFP) issued by the Defense Logistics Agency for tetracycline hydrochloride capsules. The protester contended that a clause in the RFP limiting the source of active ingredients to domestic manufacturers was unduly restrictive. The firm's protest to the agency was included in its response to the solicitation, and its protest to GAO was filed more than a week after the closing date for receipt of proposals. It is well established that a protest included in a proposal which alleges defects in a solicitation is not a timely protest to the agency under bid protest procedures. Furthermore, GAO stated that it should have received the protest before the closing date for receipt of proposals, since the alleged impropriety was apparent to the protester upon receipt of the solicitation. Accordingly, the protest was dismissed.