An agency cannot make material changes to a solicitation after selecting a contractor for award without going back and giving all offerors the opportunity to compete on the revised solicitation. In Diebold, Inc., B-404823 (June 2, 2011), the GAO sustained a bid protest because the agency failed to allow the protester to compete on the revised solicitation.
Tag Archives: solicitation terms
GAO Sustains Another “Unreasonably Restrictive Solicitation” Bid Protest
If a government solicitation contains a term that is unreasonably restrictive of competition, you may be able to successfully protest the matter to the GAO, which has sustained a number of such bid protests. The GAO’s decision in Missouri Machinery & Engineering Co., B-403561 (Nov. 18, 2010) is a good example of a successful GAO bid protest based on an unreasonably restrictive solicitation term.
GAO: Oral Advice Doesn’t Alter Solicitation Terms
In negotiated procurements, contractors sometimes enter into discussions with agency representatives. But contractors must understand that oral discussions don’t trump a solicitation’s terms. If a government solicitation includes clear and specific requirements, the agency’s subsequent oral advice to the contrary doesn’t waive or alter the solicitation–a rule confirmed, to one contractor’s detriment, in a recent GAO bid protest decision.