Protesting With Less Than A Full Deck At GAO

By Al Krachman and Phil Beshara (January 4, 2018, 1:25 PM EST) -- The ultimately successful grounds for many bid protests at the U.S. Government Accountability Office often first become known to protesters after the procuring agency produces its agency report in response to the initial protest. For the protester, that agency report would optimally be a "full deck" of the procurement file, including the entirety of the awardee's proposal, all the post-proposal communications, the evaluation records, and related documents. But what if, despite such a request, the agency report omits segments of the procurement records that the protester believes are essential for prosecuting the protest? This article discusses this area of increasing dispute, which we refer to as "protesting with less than a full deck." We address the policy ramifications of limiting protesters' access to the full source selection record, and how contractors and their protest counsel should address this in their post-award strategies....

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