Agency Under No Obligation to Release Incumbent’s Proprietary Data; GAO B-414223, Fluor Federal Solutions LLC
Protest challenging the terms of the solicitation as ambiguous is denied, where the agency provided ample information about the facilities and systems to be maintained to allow offerors to compete intelligently, where the agency provided a detailed description of a process offerors could use to estimate the cost of performance, and where the protester’s proprietary information is not necessary for offerors to be able to bid intelligently for the work; and protest arguing the agency should resolve an alleged ambiguity in the solicitation by including the protester’s proprietary data, is dismissed, where the protester failed to demonstrate how it was competitively prejudiced by the agency’s decision not to release information the protester already owns; and protest challenging the agency’s choice of a fixed-price contract is denied, where the agency is not prohibited from allocating substantial financial risk to the contractor, and where there are options for offerors to mitigate their risks.
