Protest Against Alleged Improprieties in Solicitation

A protester contended that an instant contract to provide a report that would set forth findings, conclusions, and recommendations on the effectiveness of the performance measurement in the selective acquisition process of the Navy was hurriedly awarded to enable the Navy to utilize fiscal year 1978 funds. The protester felt that such action caused good competitive judgement to be sacrificed in lieu of expediency and that its proposal was comparatively better in the technical and cost areas. The protest was denied because: (1) a protest against alleged improprieties in a solicitation not filed with the contracting agency or GAO prior to the closing date for receipt of proposals is untimely; (2) a contract awarded on the basis of initial proposal without discussion is proper where an agency has reason to believe that completion of the study is urgently required; and (3) where the record indicates that evaluation of proposals was in accordance with established criteria and was based on reasoned judgment of the evaluator. A protest based on disagreement with the evaluation was denied because determination of relative merits of proposals was the responsibility of the procuring agency and will not be disturbed unless shown to be arbitrary or contrary to statutes or regulations.