Client Alerts & Newsletters

Unequal Price Discussions Sink Award

February 6, 2006

In Sytronics, Inc. (Dec. 29, 2005,, GAO held that a discussion question to the awardee labeling the proposed price as “excessive” sent a stronger message than one to the protester labeling its proposed price as “high.” Prejudice occurred because, for its final proposal revision, the awardee reduced its already-lower proposed price by a greater percentage than the protester, which allowed it to prevail in a cost-technical tradeoff despite the protester's superior technical proposal.

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

Thomas P. Humphrey
Retired Partner – Washington, D.C.

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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