Discussions with an agency prior to submitting a final proposal can lead to a more well-informed submission by an offeror; however, such is not always the case. The Government Accountability Office (GAO) decision in Quality Control International, LLC (QCI), B-417984 (December 20, 2019) provides guidance as to how offerors should rely on information supplied by the agency in crafting their best, most competitive bid.
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According to the GAO, an offeror may revise its price as part of a final proposal revision, unless the procuring agency expressly limits the scope of proposal revisions.
In a recent bid protest decision, the GAO held that the agency properly accepted the awardee’s revised price because agency had not limited the scope of discussions so as to exclude price revisions.
The GAO’s decision in Medical Receivables Solution, B-409358 (Mar. 19, 2014) involved a Army 8(a) set-aside solicitation for medical records coding services. Award was to be made to the lowest-priced, technically acceptable (LPTA) offeror.
After evaluating initial proposals, the Army established a competitive range of six offerors. The Army then conducted written discussions with offerors concerning the specific weaknesses and deficiencies in their proposals. The Army’s discussion letter asked each offeror to address its identified weaknesses and deficiencies and submit a final proposal revision, highlighting all changes.
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