Earlier quoted context omitted.
I don't think it's a very big stretch to think that Blue Origin might well sue NASA if they did this.
¯\_(ツ)_/¯ Everyone that loses a contract sues the government. Blue Origin already sued over losing a moon lander contract that didn't even meet the minimum requirements. Airbus sued the Air Force after losing the KC-X contract. I'm sure there are others, but those are just two that immediately popped into mind. Trying to a void a lawsuit is how you get nonsense like the LCS where the Navy first opened the bids for a…
You have it backward. Airbus won the contract initially. Boeing sued and managed to get the bidding process restarted from scratch. Boeing won that second bid and Airbus decided to not protest, probably because they knew they had 0 chance against Boeing lobbying power in the US.