Chance to Change Pricing Generally Required After Corrective Action
Client Alert | 1 min read | 10.27.11
The GAO in Power Connector, Inc. (Aug. 15, 2011), reiterated that, when an agency changes a solicitation evaluation criteria in a material way as part of corrective action, it must allow offerors in the next round of proposals to alter their price – even when the change has no obvious relationship to pricing – because the offeror may have submitted a more competitive price had it known that its proposal would be less competitive in another evaluation area. In response to agency concerns about the protestor having an unfair advantage in the recompetition as a result of learning of other offerors’ pricing during its debriefing, GAO instructed that the proper remedy was to level the playing field by disclosing all prices to all offerors, rather than to forbid price changes.
For further analysis, click here for related blog post by James Peyster.
Contacts
Insights
Client Alert | 7 min read | 10.21.26
Securities Law for Entrepreneurs
Do you want your startup to expand and become a major player in your industry? If so, you will most likely need to seek capital from outside investors to help you build infrastructure and fulfill orders.
Client Alert | 12 min read | 09.30.26
From Process to Principles: Federal Regulators Propose a New Third-Party Risk Management Framework
Client Alert | 2 min read | 09.30.26
The COMPETE Act Becomes Law – What the New Antitrust Law Means For California Businesses
Client Alert | 3 min read | 09.29.26
Federal Circuit Resolves Court Split Over IDIQ Awardee Standing
