Necessity for Contractor To Have Access to Allegedly Proprietary Data

The protester objected to the award of a prime contract, alleging that the contract required the contractor to have access to data which were proprietary to the protester under existing license agreements. Since GAO has a policy of not considering postaward proprietary data protests and since the injunctive relief sought by the protester was not available through GAO, that aspect of the protest was not considered. As a result, the capability of the prime contractor to successfully complete the contract without the allegedly proprietary data was also not questioned. The postaward assertion that the solicitation was defective for failure to include as an evaluation factor the cost of possible damages arising from the release of allegedly proprietary data was untimely filed and not for consideration.