Evaluations That Prompt Corrective Action Must Be Documented
The current state of the law at the U.S. Government Accountability Office (“GAO”) and within the Federal Circuit limits offerors’ ability to effectively challenge agency corrective action. Specifically, GAO has adopted a highly deferential, “hands off ” position with regard to agency corrective action, holding that “the details of a corrective action are within the sound discretion and judgment of the contracting agency.” Under governing GAO case law, agencies have discretion to decide the scope of corrective action, including whether discussions will be held, the breadth of such discussions, which offerors shall be included in the corrective action, and the scope of permitted revisions to proposals. Indeed, GAO will not disturb an agency’s proposed corrective action so long as the corrective action is deemed reasonable—that is, so long as the corrective action is “appropriate to remedy the flaw which the agency believes exists in its procurement process.
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“Evaluations That Prompt Corrective Action Must Be Documented,” by Michael J. Slattery was published in the December 2019 edition of Pratt’s Government Contracting Law Report (Vol. 5, No. 12), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.