GAO dismissed a protest as untimely where the protester waited
until after its bid was rejected to challenge a patent ambiguity in
the solicitation.
The Army Corps of Engineers issued an invitation for bids (IFB)
that included standard FAR clauses indicating the procurement was
being set aside for small businesses, but the IFB did not include
other regulatory requirements for set asides, such as the NAICS
code or size standard.
The Army rejected the protester s low bid because the
company was other than small, and the company protested.
The protest decision is a stark reminder that a company that
competes under an ambiguous solicitation cannot wait until after