Protesting Technically Unacceptable Proposal Decisions

Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest. 

When writing your technical proposal, merely giving a summary of your experience will not pass the technical evaluation factor requirements.

Discussions About Your Technically Unacceptable Proposals Not Mandatory

A common problem arises when government contractors argue that agencies should decipher information from the past performance volume of the proposal. This is a grave mistake when filing a GAO protest.

• It is up to you to make sure that you follow the solicitation’s requirements exactly as it states.
• Unless the agency chooses to enter into discussions, it is not required to discuss your technically unacceptable proposal with you.

Better Arguments for Protesting Technically Unacceptable Proposal Decisions in Bid Protests

There are some instances where the agency fails to consider material information in your technical proposal. In such circumstances, rating your proposal as technically unacceptable could be grounds for GAO sustain a protest.

• Agencies must consider all information in your proposal.
• Failure to do so could lead to an agency corrective action.
• This could give your company another bite at the apple.

Lowest Price Technically Acceptable Evaluation Decisions

Another issue comes up when the government contracting agency decides that your proposal is technically unacceptable. LPTA solicitations can be very tricky when filing a GAO protest. The Agency will generally only find technically unacceptable proposals when you fail to include a material aspect of the solicitation requirements.

You will have to show more than disagreement with the agency decision when claiming that your competitor’s bid should have been technically unacceptable.

• You will have to show concrete facts to avoid getting your protest dismissed.
• Although meeting a certain small business status can be material to the solicitation, you must always file these issues with the SBA while still arguing the technical unacceptability in your bid protest.

For help with protesting technically unacceptable proposal decisions, call our bid protest lawyers at 1-866-601-5518 for a FREE INITIAL CONSULTATION.