Agency Abused Discretion by Not Requesting Clarification and Declining to Initiate Discussions; COFC No. 16-829, Level 3 Communications LLC v. United States

Protester’s request for a permanent injunction barring further work on the contract is granted, where the agency did not ask the protester for a minor clarification that likely would have rendered its proposal technically acceptable, and where the agency declined to enter into discussions, despite a $38 million price difference between the awardee’s and protester’s pricing.