Protest Involving Alleged Solicitation Deficiencies and Responsibility Determination

A company protested an agency decision not to award it a follow-on contract for the third year of a five year policy contract, alleging ambiguities in the solicitation, deficiencies in cost evaluation factors, and nonresponsibility of the low bidder, and citing a court decision that a nonresponsibility determination with regard to the protester was illegal. The protest was considered in spite of ongoing Freedom of Information Act litigation involving documentation because a decision on release of the information will probably not be made in a reasonable time. The agency determination not to extend an option contract and its affirmative determination of responsibility were not matters for GAO review. The protest alleging solicitation deficiencies was untimely since it was not filed within 10 days of the closing date when no corrective action was taken by the agency in response to an oral protest.