Risks For Contractor With New Info After Proposal Submission

By Aron Beezley and Emily Unnasch (May 26, 2017, 12:16 PM EDT) -- Government contractors frequently find themselves in a sticky situation where, after submitting a "best and final offer" (BAFO), but before award, they learn that material information provided in their proposal has become stale. This type of situation often arises when the contractor learns that proposed key personnel are no longer available, or otherwise will not be able to participate in the contract if awarded. The contractor facing such a situation must quickly decide whether, prior to contract award but after submission of its BAFO, it should notify the contracting officer of the newly discovered potential unavailability of such proposed key personnel. As discussed below, this is a gray area in the law, with Government Accountability Office decisions supporting either notification or remaining silent depending on the specific facts at issue....

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