Agency Unfairly Allowed One Offeror to Address Proposal Deficiencies Prior to Actual Submission and Evaluation; COFC No. 14-1225C, Progressive Industries Inc. v. The United States

Protest challenging the agency’s evaluation of proposals and award decision is sustained in part, where the agency engaged in unequal treatment of offerors by providing feedback to one offeror on deficiencies in its proposal prior to submission and evaluation, and by extending the deadline for final proposal revisions for one offeror but no others, and where the record did not demonstrate the agency had evaluated offerors’ pricing either before or after establishing the competitive range; and denied in part, where the agency’s past performance evaluation and discussions were reasonable and in accordance with the solicitation.