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Corrective Action Needs Correcting

Aug.12.2005

In Resource Consultants, Inc. (June 2, 2004 http://www.gao.gov/decisions/bidpro/2930733.pdf), the GAO sustained a protest because the agency had "abandoned" one of the ground rules for the re-evaluation of proposals, a re-evaluation that had been conducted as corrective action in response to an earlier protest. According to GAO, while the terms of the re-evaluation permitted offerors to submit revised price proposals only, revisions to the awardee's staffing costs were so extensive as to constitute technical proposal revisions; therefore, the agency should have permitted all offerors to submit revised technical proposals.

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Daniel R. Forman
Partner – Washington, D.C.
Phone: +1 202.624.2504
Email: dforman@crowell.com