____________________________________ ORDER LIFTING STAY; UNDERLYING OPINION NO LONGER PROTECTED: June 2, 1995 _____________________________________ GSBCA 10985-P, 10989-P, 10991-P INTEGRATED SYSTEMS GROUP, INC., Protester, and FEDERAL COMPUTER CORPORATION, and GOVERNMENT TECHNOLOGY SERVICES, INC., Protesters/Intervenors, v. DEPARTMENT OF THE NAVY, Respondent, and ZENITH DATA SYSTEMS CORPORATION, Intervenor. Stephen L. Mills, VP Marketing of Integrated Systems Group, Inc., Vienna, VA, appearing for Protester. Robert E. Gregg, Thomas R. Folk, and Donna J. Kraus of Hazel & Thomas, Falls Church, VA; and David S. Kovach, of Federal Computer Corporation, Falls Church, VA, counsel for Protester/ Intervenor. Richard J. Conway, William M. Rosen, and Hilary S. Cairnie of Dickstein, Shapiro & Morin, Washington, DC, counsel for Protester/Intervenor. Mark Wiener, Ellen Washington, and Diane D. Hayden, Department of the Navy, Automatic Data Processing Selection Office, Washington, DC, counsel for Respondent. Laura K. Kennedy, Timothy F. Haley, Sandra Lee Fenske, and Rachel A. Sens of Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, counsel for Intervenor. Mark J. Stechschulte of SMS Data Products Group, Inc., Reston, VA, counsel for SMS Data Products Group, Inc. Before Board Judges DANIELS (Chairman), BORWICK, and VERGILIO. VERGILIO, Board Judge. On January 29, 1991, the Board issued, subject to the terms and conditions of a protective order, an opinion in the three underlying protests. The opinion contains information which offerors had submitted with protective legend in their proposals as well as other information which the Board received into the record under protective order. However, given the limited nature of such information in the opinion and the status of the procurement, the Board inquired of the parties to the protest if any desired continued protection of the opinion. The Board viewed the information in the opinion as no longer properly protected or confidential to the extent that it would be released. No party sought continued protection. The opinion contains information relating to SMS Data Products Group, Inc.-- an offeror in the procurement, but not a party to the protest. The Board notified SMS of the Board's intention to release the opinion to the public and requested that SMS identify information, if any, which it desired to keep protected, and to provide any bases to support non-disclosure, should it desire protection. Having been granted limited access under the terms and conditions of the protective order, counsel for SMS reviewed the opinion. SMS sought continued protection of those portions of the opinion which it contended reveal (1) some of its best and final offer prices; (2) portions of SMS' technical proposal; (3) "SMS' bidding strategy for [the procurement] includes but is not limited to the delicate balance between price and technical superiority"; (4) SMS' relative standing in the competition; and (5) information which if combined with public information can be used to calculate information regarding SMS, its offer, or information SMS is entitled to protect. SMS noted that it "has not and will not grant the government permission to disclose the information outside the Government." SMS explanation of proposed redactions (Feb. 4, 1991). Having determined that continued protection of the opinion was inappropriate, on February 13, 1991, the Board issued an order stating that the opinion issued on January 29, 1991, would be released from the terms of the protective order at 4:00 p.m., February 14. Integrated Systems Group, Inc., GSBCA 10985-P, et al., 1991 BPD 36. On February 14, SMS filed a motion for a stay of that order, noting that it intended to file a motion for full Board consideration, or alternatively panel reconsideration, of the determination to release to the public portions of the January 29 opinion. The Board granted a stay to remain in effect until further order of the Board. Id., 1991 BPD 37 (Feb. 14, 1991). Thereafter, SMS filed a motion for reconsideration and alternatively full Board consideration. Upon further inquiry from the Board, SMS stated in a letter dated September 29, 1994, that it continues to view as inappropriate on legal and equitable grounds the release of information it submitted with its proposal marked as proprietary. However, "SMS withdraws all its objections to the release of the opinion" and requests that the Board vacate the opinion of February 13, 1991. In light of the withdrawal of objections by SMS, the Board releases from the terms and conditions of the protective order the opinion issued on January 29, 1991. The Board denies the request of SMS to vacate the opinion of February 13. ____________________________ JOSEPH A. VERGILIO Board Judge We concur: ___________________________ ____________________________ STEPHEN M. DANIELS ANTHONY S. BORWICK Board Judge Board Judge