Post Hoc Explanation Inadequate To Save Unreasonable Price Evaluation
Client Alert | 1 min read | 07.15.08
In Joint Venture Penauille/BMAR & Associates, LLC (May 12, 2008, http://www.gao.gov/decisions/bidpro/311200.pdf), GAO sustained a challenge to the Navy's price evaluation, when, in a fixed-procurement, the agency unreasonably rejected the protester's proposal on the grounds that it offered low indefinite quantity pricing for certain minor work and the record contained no evidence that the pricing actually presented any risk to performance. GAO rejected the agency's post hoc justification that the low pricing presented performance risk because the contractor allegedly had the option to reject work if not sufficiently profitable, finding no support for this assertion in the record and nothing in the RFP that permitted the winning contractor to reject orders for the subject indefinite quantity work.
Contacts
Insights
Client Alert | 15 min read | 03.06.26
The Month in International Trade – February 2026
Chambers Ranks Crowell & Moring International Trade Practice and Lawyers in 2026 Global Guide
Client Alert | 6 min read | 03.06.26
Tri-Agencies Release Fourth Mental Health Parity Report to Congress
Client Alert | 4 min read | 03.05.26
Client Alert | 8 min read | 03.05.26

