Reconsideration of Untimely Protest Due to Court Interest in Decision

Reconsideration was requested of a decision involving the selection of a company for final negotiations leading to the proposed award of a contract. The untimely objection to the evaluation factors contained in the request for proposals was considered due to the interest of the court in the issue. Since the evaluation factors statement in the solicitation gave a reasonably clear indication of the relative importance of the various factors, the requirement that offerors be informed of the importance of cost in relation to other factors was satisfied. The decision that insufficient basis existed to conclude that the agency failed to conduct discussions required by 10 U.S.C. 2304(g) was affirmed because the agency could reasonably judge that the deficiencies in the protester's proposals were not required to be discussed. The actions taken by the agency source selection official were responsive to the intent of the GAO recommendation regarding reevaluation of the cost analysis. Because the protester did not avail itself of the disclosure remedy under the Freedom of Information Act, withholding by GAO of the information sought at the request of the agency was proper under bid protest procedures.