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Lack Of Experience Can Be Cured

June 2, 2006

In T Square Logistics Services Corp. – Costs (Apr. 26, 2006,, a decision triggered by the agency's refusal to pay protest costs following a corrective action, GAO held that the original protest was clearly meritorious because the agency had failed to conduct meaningful discussions to disclose its concerns about the protester's lack of experience in several functional areas relevant to the contract. Rejecting the agency's argument that no discussions were required because the lack of experience could not be cured in a revised proposal, GAO noted that protester had asserted that, had it been advised of the agency's concerns, it would have proposed subcontractors with the necessary experience.

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Thomas P. Humphrey
Retired Partner – Washington, D.C.