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Discussions occur when an agency communicates with an offeror for the purpose of obtaining information essential to determine the acceptability of a proposal, or provides the offeror with an opportunity to revise or modify its proposal in some material respect.
In contrast, clarifications are limited exchanges between the agency and offerors that may occur when contract award without discussions is contemplated; an agency may, but is not required to, engage in clarifications that give offerors an opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors.
We agree with the Secret Service that it was not required to seek clarifications or conduct discussions with FFA. See MOL at Contrary to the protester's assertion, permitting FFA to address its notification process for a breach of PII would constitute discussions, not clarifications, because it would require FFA to revise its proposal in some material respect.
Moreover, an agency's discretion to hold discussions is quite broad and is not generally reviewed by this Office. There are no statutory or regulatory criteria specifying when an agency should or should not initiate discussions. First Financial Associates, Inc.
Feb 16, In reviewing protests challenging the rejection of a proposal based on the agency's evaluation, it is not our role to reevaluate proposals; rather our Office examines the record to determine whether the agency's judgment was reasonable and in accordance with the solicitation criteria and applicable procurement statutes and regulations.
Based on our review of the contemporaneous record here, we agree that the Air Force evaluated Geotech's technical proposal reasonably and consistent with the terms of the solicitation. As set forth above, the RFP stated that to be found acceptable under the well stratigraphy technical subfactor, offerors were to provide evidence of their prior performance of at least 2 domestic water projects where a licensed geologist logged the well stratigraphy during the well drilling operation.
Significantly, the protester concedes that, "[w]hile Geotech's response to the EN may not have expressly confirmed that a licensed geologist logged the stratigraphy for the project completed at Last Chance Basin, in identifying the previous contracts, it was presumed that a licensed geologist logged the well stratigraphy during the well drilling.
The protester alleges that PBP Management’s technical proposal failed to meet the material requirements of the solicitation and should have been found technically unacceptable. The information posted on this web page is intended as general reference information only. Specific facts and circumstances may affect the applicability of concepts, materials, and information described herein. The United States is getting older and less white. True It is predicted that, by , over 18% of the population in the United States will be 65 years or older.
It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation requirements and allows a meaningful review by the procuring agency.
An offeror is responsible for affirmatively demonstrating the merits of its proposal and, as here, risks the rejection of its proposal if it fails to do so. As quoted above, and as Geotech essentially concedes, its response to the evaluation notice did not clearly state that a licensed geologist logged the stratigraphy for the Last Chance Basin project.
Moreover, Geotech identifies no aspect of its technical proposal that otherwise states that a licensed geologist logged the stratigraphy for that project. See generally Protest; Comments.
To the extent that Geotech maintains that "it was presumed that a licensed geologist logged the well stratigraphy" for the Last Chance Basin project, the Air Force was not required to infer such information from Geotech's technical proposal or its response to the evaluation notice.
Agencies are not required to infer information from an inadequately detailed proposal, or to supply information that the protester elected not to provide.
We also disagree with the protester's assertion that "the contracting officer could have and should have sought further clarification" if Geotech's response to the evaluation notice was not sufficiently clear. As discussed above, the record shows that the agency, during discussions, specifically identified its concerns regarding well stratigraphy at the Last Chance Basin project.
Contrary to the protester's mistaken belief, the Air Force was not required to seek further clarifications from Geotech, or afford it yet another opportunity to cure the deficiency in its proposal or its subsequent response to the evaluation notice.
Because we find that the Air Force reasonably found Geotech's proposal technically unacceptable under the well stratigraphy evaluation subfactor, we need not address the protester's evaluation challenge under the waterline installation subfactor, since the RFP provided that proposals must be evaluated as acceptable under each technical subfactor in order to be acceptable overall.
See RFP at That is, even if we were to find that its proposal was improperly evaluated under the waterline installation subfactor, Geotech could not show that it was competitively prejudiced by any such evaluation errors, because its proposal would remain technically unacceptable under the well stratigraphy subfactor and would thus not be eligible for award under the terms of the solicitation.The information posted on this web page is intended as general reference information only.
Specific facts and circumstances may affect the applicability of concepts, materials, and information described herein. Competitive Profile Matrix (CPM) – with FREE Template Competitive Analysis Template The Competitive Profile Matrix (CPM) is a strategic analysis that allows you to compare your company to your competitors, in such a way as .
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In reviewing protests challenging the rejection of a proposal based on the agency's evaluation, it is not our role to reevaluate proposals; rather our Office examines the record to determine whether the agency's judgment was reasonable and in accordance with the solicitation criteria and applicable procurement statutes and regulations.
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