Protest Regarding Alleged Negotiation Deficiencies

The protester objected to the award of a contract, alleging that the agency had failed to conduct meaningful negotiations about deficiencies in its proposal or, in the alternative, that the solicitation did not state the agency's true needs. The agency was not remiss in failing to discuss alleged deficiencies where the agency's interpretation of the initial offer, although eventually determined to be erroneous, was rationally founded on facts existing at the time of the interpretation. Since the protester's initial offer was not determined to be deficient in particular areas, those areas were properly not the subject of negotiations. The agency was not under obligation to reopen discussions upon discovery of additional deficiencies in the protester's final proposal. The protest regarding the solicitation specifications was untimely and not for consideration since it was filed more than 5 working days after the basis for protest was known.