Proposal’s Exception to Solicitation Requirements was a Fatal Mistake
In the GAO protest of Kratos Defense & Rocket Support Services, Inc. (August 23, 2016) the GAO sustained a protest where a proposal stated that it assumed the Government would provide on-site work space and equipment, even though during the solicitation process the Government said that such support would not be provided. The GAO noted that, as a matter of law, “a proposal that takes exception to a solicitation’s material terms and conditions should be considered unacceptable and may not form the basis for an award. Material terms of a solicitation are those which affect the price, quantity, quality, or delivery of the goods or services being provided.”
The lesson learned here is never take exception to a solicitation term in your proposal. This could be a fatal mistake if it pertains to “price, quantity, or delivery of goods or services.”
