On January 3, 2017, the Court of Federal Claims denied a bid protest over a contractor’s failure to provide a redacted copy of its proposal. The solicitation required offerors to redact their names and proposed subcontractors. The purpose of redacting was to promote an unbiased technical evaluation of proposals. The contractor argued that its failure to redact was a “minor informality or irregularity” that the Government should have waived. The Court held that unlike FAR Part 14 sealed bidding procedures, in commercial item and negotiated procurements, the Government has the discretion to waive, or not to waive, minor informalities. See, FAR 52.212-1(g) which states that the agency “may … waive informalities and irregularities in offers received.” Additionally, the Court found that the failure to redact was not a minor oversight, but “deliberate and designed to give it an advantage (or at least to remove some perceived disadvantage).”
Lesson Learned: The Government does not have to waive minor informalities if the procurement is not administered under FAR Part 14, Sealed Bidding. Strictly follow a solicitation’s redaction instructions.
