[Protest of Navy Decision To Reopen Negotiations Under RFP for Simulation Device]

A firm protested a Navy determination to reopen negotiations under a solicitation for a simulation device, contending that the decision was unreasonable. The Navy had rejected the other offerer's bid because it was technically deficient but reopened negotiations after the offerer complained that the Navy failed to hold meaningful discussions with it. GAO held that: (1) despite the Navy's contentions to the contrary, the protest was timely filed because GAO received it within 10 days of the time the protester received the Navy's response to a Freedom of Information Act request that provided the basis for protest; and (2) it would not disturb the Navy's determination that it had failed to hold adequate negotiations absent indications of fraud or bad faith on the Navy's part. Accordingly, the protest was denied.