Bid Protest Spotlight: RFP Detail, Presumptions, Data Rights

Law360 (August 8, 2019, 3:04 PM EDT) --  While this month saw some high-profile bid protest decisions, this month's bid protest roundup focuses on three decisions that received less attention, but offer lessons no less important.

The first decision is a reminder always to write a proposal with the reader in mind. It is an offeror’s responsibility to draft a well-written proposal, not a procuring agency’s responsibility to decipher jargon, intuit connections or fill gaps. And, as this decision confirms, the U.S. Government Accountability Office is very forgiving to an agency when it does not understand information in a proposal.

The second decision depicts the high bar courts set for plaintiffs...

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