An agency acted improperly by inviting the ultimate contract awardee to revise its pricing, but not affording that same opportunity to a competitor–even though the awardee didn’t amend its pricing in response to the agency’s invitation.
According to a recent GAO bid protest decision, merely providing the awardee the opportunity to amend its pricing was erroneous, regardless of whether the awardee took advantage of that opportunity.
An agency ordinarily is not required to perform calculations to determine whether an offeror’s proposal complies with a solicitation’s requirements, according to the GAO.
In a recent bid protest decision, the GAO rejected the protester’s argument that, in determining whether the proposal satisfied certain requirements, the agency should have used the information in the proposal to perform certain calculations. Continue reading
An agency was not required to inform an offeror that its proposed base year labor hours were too high, even though the offeror proposed more than twice as many labor hours as the awardee.
In a recent bid protest decision, the GAO held that a procuring agency did not act improperly by failing to raise the protester’s high labor hours in discussions, because the protester’s labor hours, while much higher than the awardee’s, were not deemed unacceptably high under the RFQ’s lowest-price, technically acceptable evaluation scheme.
A procuring agency is not required to re-open discussions to address a weakness first presented in an offeror’s revised proposal.
In a recent bid protest decision, the GAO held that an offeror was not entitled to an additional round of discussions when an agency assigned the offeror a significant weakness for an item first included in the offeror’s revised proposal.
When a procurement agency opens discussions with one offeror, it must open discussions with all offerors within the competitive range.
In a recent bid protest decision, the GAO held that a procuring agency conducted improper discussions when it limited discussions to only one offeror.
When an agency decides to hold discussions with offerors, must it discuss with an offeror the price proposed for the contract? Not unless that offeror’s proposed price is so high as to be unreasonable.
As the GAO held in a recent bid protest decision, unless an offeror’s price is so high as to make its proposal unacceptable, the offeror is not entitled to be informed during discussions that its price is too high–even if the price is significantly higher than competitors.
According to the GAO, an offeror may revise its price as part of a final proposal revision, unless the procuring agency expressly limits the scope of proposal revisions.
In a recent bid protest decision, the GAO held that the agency properly accepted the awardee’s revised price because agency had not limited the scope of discussions so as to exclude price revisions.