Client Alerts & Newsletters

GAO Finds Discussions Were Not Meaningful And, In Fact, Misleading


In Lockheed Martin Corp. (May 27, 2004), GAO found that the agency failed to conduct meaningful discussions because it neglected to notify the protester during discussions that proposed "contractor-specific" savings would be excluded from the agency's calculation of the Average Unit Production Cost ("AUPC"), despite the protester's reasonable belief that the agency would do so, and further, that discussions were misleading because the agency failed to disabuse the protester of its erroneous (though reasonable) understanding regarding the costs that the agency intended to apply in calculating the AUPC. GAO also determined that the award decision was flawed because the agency credited the awardee's proposal with having met certain performance requirements even though the proposal never addressed the specific level of performance required.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Thomas P. Humphrey
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2633

Daniel R. Forman
Partner – Washington, D.C.
Phone: +1 202.624.2504

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2020
Attorney advertising - prior results do not guarantee a similar outcome.