Discussion in the Bidding Process: Competitive Discussions and What May Result in a Protest: General Principles and Rotech Healthcare Examined

By: jeff on 08/22/2016

According to the spirit of FAR Part 15, competitive discussions are meaningful negotiations conducted as part of the overall competitive acquisition. In some cases, discussions are not conducted correctly and may be the basis for a successful protest. This update will discuss very general rules of competitive (note, noncompetitive has different aspects) negotiations/discussions as well as a recent protest on unequal discussions, which was sustained. This should not be considered legal advice.

Read the full report below

Legal Memorandum Discussions and the Competitive Process