Unequal Price Discussions Sink Award
Client Alert | less than 1 min read | 02.06.06
In Sytronics, Inc. (Dec. 29, 2005, http://www.gao.gov/decisions/bidpro/297346.pdf), GAO held that a discussion question to the awardee labeling the proposed price as “excessive” sent a stronger message than one to the protester labeling its proposed price as “high.” Prejudice occurred because, for its final proposal revision, the awardee reduced its already-lower proposed price by a greater percentage than the protester, which allowed it to prevail in a cost-technical tradeoff despite the protester's superior technical proposal.
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