[Protest of USGS Selection of Primary Interexchange Carrier]

A firm protested the Department of Interior's selection of a primary interexchange carrier for long-distance telephone service, contending that: (1) the agency relaxed its requirements after receipt of proposals without amending the solicitations or notifying offerers of the changed criteria for award; and (2) the procurement methodology was ambiguous because it was not clear whether the solicitations were negotiated requests for proposals or some other informal process. GAO has held that: (1) when the government changes or relaxes its requirements, it must issue a written amendment to notify all offerers of the changed requirements; (2) the fact that an agency did not notify offerers does not necessarily mean that a competition was conducted on an unequal basis; and (3) protests based on alleged improprieties in a solicitation which are apparent prior to bid opening must be filed prior to that date to be considered timely. GAO found that: (1) the record did not show that the agency's error prejudiced the protester; and (2) the argument concerning the procurement methodology was untimely. Accordingly, the protest was dismissed in part and denied in part.