Jenner & Block

“Disclosure Dilemma for Government Contractors Learning before Contract Award that Proposed Key Personnel Are Not Available to Perform the Contract,” The Government Contractor

In this article, the authors highlight issues involved when a government contractor submits a final proposal but learns before the contract award that the company’s plan for contract performance no longer meets requirements of the request for proposal.  When this occurs, the authors observe, the offeror faces a difficult choice:  keep quiet and risk the proposal being viewed as a “bait and switch” or inform the contracting officer and risk the proposal being rejected as nonresponsive.  The article was written by Partner Gregory H. Petkoff, Associates Carla J. Weiss, Joshua A. Violanti and Sati Harutyunyan and former Partner Mark Nackman.