As acquisition timelines become increasingly protracted, contractors face the thorny question of if, when and how to advise a procuring agency of changes affecting an already submitted proposal. In a series of decisions, the Government Accountability Office has held that contractors must inform the procuring agency of any “material change” to a proposal that occurs after submission but before award. A contract bidder who fails to advise a procuring agency of a material change to a proposal, and then wins the contract, thus risks a protest and loss of the award. It could also endanger a valuable customer relationship and, depending on the facts, might even trigger a termination, False Claims Act allegations or both.
To read more on this topic, please see our recent article in National Defense Magazine, available here.