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Decisions Of The Comptroller General

Sunday, January 04, 2009 04:54 pm

Decisions Of The Comptroller General BID EVALUATION DISCUSSIONS MUST ALLOW YOU TO DEFEND ALL ALLEGED DEFICIENCIES Bid Protest Matter of: Burchick Construction Company Comptroller General of the United States 2008 U.S.Comp.Gen.B¬400342(October 6, 2008)

You know that the government must conduct"mean¬ingful"discussions with offerors about their bids.But what does"meaningful"really mean? As the following case demonstrates, once you've sat down to a chat, the government can't limit the discussion.The government must touch on all perceived weaknesses in your bid--not just those it cares to address.

Burchick Construction Company(Burchick)protested the Department of Veteran Affairs'(VA)award for a fixed¬price contract for construction of an ambulatory care center in Pittsburgh.BCC objected to the VA's evaluation of the awardee's technical proposal and its conduct of discussions.The Comptroller General agreed and sustained the protest.

The request for proposals(RFP)explained that the award would be made on a best¬value basis, considering equally price and four technical factors.The technical factors were: past performance, construction management, schedule and small business participation.

Burchick's price proposal, which was t [...]

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