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News/Protests & Claims/Government’s Large Volume of Exchanges Did Not Constitute Discussions; COFC No. 16-1559C; Rivada Mercury LLC v. United States of America and AT&T Corp.
News·Protests & Claims Brief

Government’s Large Volume of Exchanges Did Not Constitute Discussions; COFC No. 16-1559C; Rivada Mercury LLC v. United States of America and AT&T Corp.

Protest challenging the agency’s exclusion of the contractor’s proposal from the competitive range is denied, where the agency had reasonable concerns about the protester’s financial stability; and protest alleging the agency’s clarifications were actually discussions is denied, where the solicitation provided for extensive exchanges prior to the establishment of the competitive range, where the agency’s exchanges were reasonable given the unusual and complex nature of the acquisition, and where the agency’s oral presentations and requests for clarifications did not provide offerors the opportunity to revise their proposals.

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