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When Does An Oral Presentation Become A "Discussion"?

March 4, 2004

GAO ruled that an offeror’s oral presentation and the ensuing question and answer session did not become "discussions" that would trigger other offerors’ rights to revise their proposals, upholding a huge military health services contract award in Sierra Military Health Services (Dec. 5, 2003) — a protest in which Crowell & Moring represented the awardee. Tackling a difficult issue with a fact-bound decision, GAO held that an offeror’s presentation and the Q&A session constitute "discussions" only if agency personnel gave that offeror a chance to revise its proposal in, for example, the answers to the evaluators’ questions.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

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