Claims Court Lowers Bar For Proposal Misrepresentation

By Aron Beezley (September 27, 2019, 3:29 PM EDT) -- In NetCentrics Corp. v. U.S., the U.S. Court of Federal Claims recently upheld an agency's decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror's proposal.[1] In so holding, the COFC made clear that a material proposal misrepresentation may exist, even if there is no intent on the part of the offeror to deceive the agency.

Key Facts

In response to allegations made in a post-award bid protest that was filed with the Government Accountability Office, the U.S. Department of Defense's Washington Headquarters Services investigated whether the awardee of the subject contract had made...

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