Our client was the proposed awardee of a task order for design and construction services.  The disappointed offeror protested, claiming that the government engaged in discussions with it during proposal evaluation and that the discussions were inadequate because the government failed to inform it that it was not eligible for award because its proposed price exceeded the task order’s $30,000,000 construction cost limitation.  On behalf of our client, we intervened in the protest.

We successfully argued that the questions asked by the government during proposal evaluation were not discussions, but clarifications.  Accordingly, the GAO held that the government properly rejected the protestor’s proposal because it exceeded the construction cost limitation and the protest was denied.  The contract award to our client was confirmed.