Protest Concerning Agency Contention That Protester Was Notified During Discussions That Proposal Was Deficient

A contractor protested the rejection of its offer under a request for proposals (RFP) issued for a contract to supply award plaques. The RFP had been amended twice; the effect of the amendments was to change the color specification for the surface area of the plaques. No samples were required. The protester's offer was refused because the unsolicited sample accompanying the offer did not conform to the procuring agency's color specification. The agency alleged that it had notified the protester by telephone of its rejection and the reason for the rejection. The protester denied having been notified of the rejection. Where the only evidence with respect to a disputed question consists of contradictory statements by the protester and the contracting agency, the protester has failed to carry out the burden of affirmatively proving its assertions. Therefore, the protest was denied.