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Centerra argues that the agency failed to evaluate prices on a common basis and erred in not discussing the disparity with Centerra.
In those cases, however, the lack of a common understanding could be traced to unclear or latently ambiguous requirements found within the solicitation, which resulted in offerors proposing differing products or solutions.
Here, Centerra has not identified any PWS requirements that are ambiguous or unclear, and has therefore not provided us with a basis to conclude that KBR proposed to meet different PWS requirements from the requirements Centerra proposed to meet.
Instead, Centerra broadly asserts that the staffing and pricing differences, by themselves, evidence that something in the solicitation caused offerors to possess differing understandings assignment 6a business plan evaluation the solicitation requirements. Indeed, the solicitation permitted offerors to propose their own staffing solutions, so long as they provided the basis for their staffing estimates and explained how such staffing would meet the PWS requirements.
See RFP at See The Gerard Co. We also conclude that the Navy was not otherwise obligated to tell Centerra that its staffing and pricing were high in relation to other offerors.
When an agency engages in discussions with an offeror, the discussions must be meaningful, that is, sufficiently detailed so as to lead an offeror into the areas of its proposal requiring amplification or revision.
We do not agree. Indeed, Centerra received a strength for one aspect of its staffing: As discussed above, however, the agency was under no obligation to tell Centerra that its price was comparatively high; we therefore conclude that the agency similarly was not obligated to tell Centerra its high staffing was causing its overall price to be comparatively high.
Centerra also contends that it was misled during discussions into increasing its staffing because the Navy told the firm that its staffing may be low for certain annexes.
AR, Tab 15, at During discussions, agencies may not consciously mislead or coerce an offeror into raising its prices.
We will not find coercion in discussions, however, where an agency in good faith provides accurate information to an offeror about its concern, and provides the offeror with the opportunity to explain or revise its rates.
In response, Centerra provided further explanation and also increased its FTEs by a small number. Sep 11, Piton raises various challenges to the agency's conduct of discussions and its evaluation of price.
We first address Piton's contentions that discussions were misleading, and not meaningful. In this regard, the protester essentially argues that it was unreasonable for the agency to fail to disclose during discussions that it considered Piton's price to be not fair and reasonable, and improper for the agency to ultimately conclude that Piton's price was not fair and reasonable after Piton reduced its price in response to the agency's discussion question.
Protest at 8; Comments at 5. When an agency engages in discussions with an offeror, the discussions must be "meaningful," that is, sufficiently detailed so as to lead an offeror into the areas of its proposal requiring amplification or revision in a manner to materially enhance the offeror's potential for receiving the award.QuizStar is very easy to use!
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- REVISION OF THE PAY PLAN. In advance of the preparation of the annual operating budget as well as at other times, the Director shall make or cause to be made such comparative studies as he deems appropriate of factors affecting the levels of pay in the Civil Service.