Contractor Alters Agency’s Pricing Table, Gets Bounced From Competition

During the NFL’s recent replacement referee debacle, the rules of the game sometimes seemed to be in flux.  San Francisco coach Jim Harbaugh, for instance, convinced the replacement refs to give him two extra challenges by playing dumb about how the challenge process works.  But with the “real” referees back on the field, NFL teams now know that they once again need to play by the rules.

When it comes to proposals, contractors, too, need to play by the rules.  An agency solicitation sets forth the ground rules of the competition, and varying from those stated rules can result in an unacceptable offer–as one contractor recently discovered when it attempted to amend the solicitation’s pricing table.

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GAO: Post-Award Modifications Unfair; Protest Sustained

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.

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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.

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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.

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