[Protest of Proposed Sole-Source Award]

A firm protested the proposed award of a sole-source contract for a scanning electron microscope under a request for proposals (RFP) issued by the National Aeronautics and Space Administration (NASA). The protester contended that a sole-source procurement was improper, because it could supply an item to meet the NASA needs. NASA announced in the Commerce Business Daily (CBD) that it would negotiate with the proposed awardee for the requirement. Prior to the closing date for receipt of the sole-source proposal, the protester met with the contracting officer to secure information on the procurement. NASA argued that the protest was untimely filed, because the basis for protest was an apparent impropriety in the solicitation which should have been filed prior to the closing date for receipt of the proposal. The record clearly indicated that the protester had actual knowledge of its exclusion for the competition from the preclosing-date meeting with the contracting officer. Further, the CBD synopsis also constituted constructive knowledge of the solicitation and its contents. GAO held that the protest was untimely since it was not filed with either NASA or GAO prior to the closing date for receipt for proposals. Accordingly, the protest was dismissed.