[Protest of Air Force Contract Specifications]

B-210414: Mar 15, 1983

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A firm protested the prime contract specifications in an Air Force solicitation for roofing material. The protester contended that the Government's insistence on a particular kind of insulation was unduly restrictive. According to the protester, such material is available only from one manufacturer at excessive cost and the requirement for it exceeded the minimum needs of the agency. Bid protest procedures require that defects apparent in a prime contract solicitation must be filed before bid opening or the closing date for receipt of proposals. In this respect, the Government published the requirement in the Commerce Business Daily (CBD); GAO has held that such publication constitutes constructive notice of a synopsized solicitation and its contents. The record does not indicate whether the protester knew of the solicitation and its insulation requirements prior to bid opening. However, even if the protester were unaware of the actual terms of the solicitation, its protest was nevertheless untimely because of the publication in the CBD. The protester argued that even if its protest was untimely it should be considered on the merits under the exceptions to the timeliness requirement. GAO did not consider that the protest presented a significant issue as stated in the timeliness rule. Accordingly, the protest was dismissed.