Bass, Berry & Sims attorney Bryan King authored an article for Law360 detailing the potential consequences that government contractors could face if the contractor modifies its response to a bid proposal. As a precaution, Bryan outlines the example of a recent decision against Logmet LLC that allegedly adapted the cost/price matrix spreadsheet Logmet submitted as part of its bid proposal. The Army rejected the proposal as noncompliant because it appeared Logmet had modified the spreadsheet although offerors were strictly instructed not to alter the document. Logmet appealed the rejection but the GAO agreed with the Army's response.
As Bryan points out in the article, "this quest to stand out will sometimes result in a contractor trying so hard to be clever in its reading of the solicitation that it ends up only outsmarting itself, and potentially jeopardizing its opportunity to win the award."
The full article, "Deviate From Solicitation Instructions At Your Own Risk," was published by Law360 on January 28, 2016 and is available online.