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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 4Protest Grounds Based on the Communications Between the Government and Offerors

1. CLARIFICATIONS

Overview of This Protest Ground: This is usually a post-award protest brought by a disappointed offeror that believes the government’s pre-award communication with the awardee was not merely a “clarification” but was actually a “discussion” as that term is used in government contracting. See FAR § 15.306, Exchanges with offerors after receipt of proposals. If the protester can get the GAO or the COFC to accept that the exchange was actually a discussion, the protester then argues that the government needed to provide it a similar opportunity ...

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