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ARTICLE · 09 SEPTEMBER 2014

Don’t Be Misled: What Contractors Should Know About Misleading Discussions

Mayer Brown
Mayer Brown
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Discussions can be useful to contractors because the questions asked and issues raised can direct an offeror to areas of its proposal needing improvement.

United StatesGovernment, Public Sector
Michelle E. Litteken
Michelle E. Litteken
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Keywords: CFC, FAR, GAO

Editor's note: This is the third post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. The second post focused on the requirements for discussions to be meaningful. Planned future posts will cover what constitutes unequal discussions and a round up of recent protests involving discussions.

Agencies often engage in discussions with offerors as part of the procurement process. Discussions can be useful to contractors because the questions asked and issues raised can direct an offeror to areas of its proposal needing improvement. In some situations, discussions can help a contractor turn an unacceptable proposal into a successful offer. However, information provided by an agency during discussions can also lead an offeror in the wrong direction. If the agency selects another proposal, the disappointed offeror may file a protest

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