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ARTICLE · 24 NOVEMBER 2021

Recent Decisions Highlight Extra Diligence Needed When Acquiring A Government Contractor

Two recent decisions by the U.S. Government Accountability Office (GAO), one of the forums that hears protests by disappointed bidders for Federal Government contracts, highlight some of the...

United StatesGovernment, Public Sector

Two recent decisions by the U.S. Government Accountability Office (GAO), one of the forums that hears protests by disappointed bidders for Federal Government contracts, highlight some of the extra steps that buyers of businesses performing government contracts may need to take before closing a deal.

A basic principle of Government contracting is that the Government must evaluate offers it receives to determine whether and how well the would-be contractor will meet the Government's requirements. (Exactly how this evaluation will be done is described in each solicitation's specific evaluation criteria.) This process is meant to ensure the Government gets what it needs at the price it wants to pay, and also to guarantee that meaningful competition between offerors takes place. If an offeror could propose one thing and do something else, the competition will not have been fair and the Government's needs might not be met.

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