[Complaint Concerning Specifications Under FAA-Funded Solicitation]

A firm complained that the specifications used in a solicitation issued by Kansas City, Missouri, for runway rehabilitation were unduly restrictive. The project was funded by the Airport Improvement Program of the Federal Aviation Administration (FAA). GAO found that the complaint was untimely, because it was not filed before bid opening or the time set for receipt of proposals as required for protests of alleged deficiencies which are apparent on the face of a solicitation. The protester complained that FAA employees had advised it to file its complaint after bid opening. However, GAO found that the protester failed to meet its burden of proving this allegation. Accordingly, the protest was dismissed.