This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin: unstated evaluation criteria and waived or relaxed solicitation requirements.
In each, the focus of the protest is on what was required (or not required) by the solicitation and whether the agency’s evaluation was consistent with the information provided to offerors in the solicitation.
- Unstated Evaluation Criteria – Under an unstated evaluation criteria theory, the protester must show that it was faulted for a weakness, or the awardee was credited with a strength, that has no logical relation to the stated evaluation criteria.
- Waived or Relaxed Requirements – While an unstated evaluation criteria protest ground may concern an agency’s application of a requirement that does not exist in a solicitation, the waived or relaxed requirement protest ground involves the agency’s failure to apply a solicitation or specification requirement.
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