Gordon Shumway Posted April 20, 2017 Report Share Posted April 20, 2017 http://www.wifcon.com/cgen/414223.pdf I just read this protest on my lunch break and found it very odd. Correct me if I am wrong, but did the incumbent contractor just try to protest away its 'incumbent advantage'?! 1. Protest challenging the terms of the solicitation as ambiguous is denied, where the solicitation provides offerors with sufficient information to compete intelligently and on a relatively equal basis, and where the information requested, much of which is proprietary to the protester, is not necessary for offerors to be able to draft their proposals. 2. Protest arguing that the solicitation should resolve an alleged ambiguity by including the protester’s proprietary data, after the protester waives its rights in the data, is dismissed where the protester failed to establish that it is an interested party to challenge the lack of data in the absence of any competitive prejudice. Link to comment Share on other sites More sharing options...
Don Mansfield Posted April 20, 2017 Report Share Posted April 20, 2017 Yes, it was odd. I read about this yesterday. I don't get why they did it. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted April 20, 2017 Report Share Posted April 20, 2017 It's not odd. The incumbent is probably worried that without more information competitors will underestimate the cost of performance and that it will lose the contract to someone with a lower price. Incumbents often have information that gives them a technical advantage. But that same information puts them at a disadvantage when it comes to pricing. There can be such a thing as knowing too much. Link to comment Share on other sites More sharing options...
Gordon Shumway Posted April 20, 2017 Author Report Share Posted April 20, 2017 Ahhh I see... that explains the third piece of the protest... 3. Protest challenging the agency’s choice of a fixed-price contract is denied, where the agency is not prohibited from allocating substantial financial risk to the contractor. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted April 20, 2017 Report Share Posted April 20, 2017 Yep. Link to comment Share on other sites More sharing options...
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