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GAO Scallops Procurement, Finding Solicitation Was Flaky


In Oregon Potato Co. (Dec. 22, 2004), GAO sustained the protest because the solicitation for dehydrated potato flakes failed to provide offerors with sufficient information regarding certain delivery location contingencies to enable offerors to prepare their proposals intelligently and compete on an level playing field. Although the post-award protest was based on inadequacies in the solicitation, it was nonetheless timely because the informational defect was not apparent until after the agency had announced its award decision.

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

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