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ARTICLE · 16 OCTOBER 2026

Loose Lips Sink Procurements For Spaceships

Nossaman LLP
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During a procurement, public agencies must balance the desire to provide offerors with detailed information against the need to ensure that information is accurate and fairly distributed. Providing offerors with extensive information about a project and robust answers to offeror questions can improve pricing and mitigate the perception of various risks.

United StatesGovernment, Public Sector

During a procurement, public agencies must balance the desire to provide offerors with detailed information against the need to ensure that information is accurate and fairly distributed. Providing offerors with extensive information about a project and robust answers to offeror questions can improve pricing and mitigate the perception of various risks. However, providing inaccurate or contradictory information, or providing material information to some offerors but not others, could expose a procurement to a bid protest. The ATP Gov, LLC (B-422938; B-422938.2) case demonstrates that responses to offeror questions can become binding solicitation requirements and may restrict an agency's ability to make an award that is inconsistent with those responses.

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