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About bob7947

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  1. bob7947

    Appeals of GAO Bid Protest Decisions?

    Pepe: Interesting. However, GAO reports to Congress and I found no requirement for an agency to report (appeal) to Congress. Instances of agencies not following GAO recommendations are rare and a quick look shows, that when they do occur, it may be caused by disagreements with the COFC. If the courts and agencies are eliminated from hearing protests, GAO protests should be dealt with in 100 days. If they aren't, GAO must report its failure to Congress in its annual report. Before I posted the poll, I asked myself if there is an avenue for appealing a GAO protest decision and I couldn't think of any. I looked at the law quickly and couldn't find any. Then I asked a popular search engine and found this from the Public Contracting Institute. Below are excerpts from the law I identified.
  2. This is the NDAA for FY 2019 that was reported out of the HASC.
  3. On May 9 and 10, the House Committee on Armed Services held a markup of its version of the NDAA for FY 2019, H. R. 5155. Below is a blurb from the Chairman's Mark Summary. As you can see, there is a mention of 1947. That is the date of the Armed Services Procurement Act of 1947. To get a sense of what the full Committee reported to the House, you can use the Chairman's Mark and go to p. 110 (numbers on bottom of pages). Look at items listed in the "800" sections. There were some relatively small perfections proposed to the bill by the full committee. They are listed as amendments below. Amendments: Full Committee En Bloc Package #1. Full Committee En Bloc Package #2. Full Committee En Bloc Package #4. Full Committee En Bloc Package #6. Once the bill is debated in the House, its free-for-all starts. This is the beginning stages for the new DoD contracting provisions. The bill, as it was officially reported out of the Committee, will be available in a week or two, or less.
  4. In the Case of a protest to the Court of Federal Claims (COFC), there is the Court of Appeals for the Federal Circuit which hears appeals of COFC decisions. But, how about appeals from a GAO bid protest decision. After GAO renders a bid protest decision, there may be a request to GAO for reconsideration. However, this question asks something totally different: Is there a forum above GAO that hears appeals of GAO bid protest decisions.
  5. Yesterday, I noticed another two-timing protest at GAO--Pinnacle Solutions, Inc.--so we may have another three-timer soon if they protest to COFC. The top note here is about Pinnacle Solutions, Inc.. I didn't look to see if the protests were related.
  6. I forgot to post another successive protest case this weekend. It is a little different that earlier ones, in that, the original GAO protest was from 2 unnamed protesters whie the 2nd GAO protest and the COFC protest was from Technik. Details are below and the COFC case is Technik Inc. v. U. S. and VSolvit LLC. January 12, 2017 - RFQ issued, Summer 2017 - first GAO protest from 2 unsuccessful offerors, GSA took voluntary corrective action and canceled award to Technik, GAO dismissed protest August 30, 2017 - GSA issued second RFQ, December 7, 2017 - GSA awarded second RFQ to VSolvit December 15, 2017 - Technik protested to GAO, March 22, 2018 - GAO denied Technik protest, April 6, 2018 - Technik protest to COFC April 20, 2018 - COFC denied Technik protest
  7. That's OK. When I found that Attorny General opinion in the GAO Library on its 6th floor, I was excited for 2 reasons. First, the decision was interesting. Second, the volumes were first editions but they were annotated by individuals from agencies that preceded GAO. Because of that, they had little value. I tried to share my excitement about the first ediditons with the librarian and I was given the classic doh stare. After a few more dohs, I shrunk back to my little corner of the law library. I had access to all sorts of things including the hard copy legislative histories of procurement laws such as the Competition in Contracting Act (CICA). That's where Lawton Chiles came from. His versions of CICA began in the late 1970s. I did the same for 87-653 at 76 Stat 528. FPASA, 95-507, etc. I cannot remember them all. I had access to the B-files and ordered them from an elderly woman in the procurement law branch. She told me about the A-files that prededed the B-files. She's probably in her 120s now and swallowed up by the cloud. Eventually, Lexis emptied out the law library and I was the last regular researcher that used the place. I don't even know if it exists now. If it does, its shrouded in cobwebs. Anyone want to guess what the U.S.C.C.A.N. is? Don't cheat.
  8. Vern: Did you recommend to their agency that they be quarantined?
  9. Nonense Vern. They need to make time or maybe they need someone to explain in a 10 minute discussion. That's all it takes. Probably the time it takes to drink a six-pack and a family size bag of doritos. If they don't take the time to read or hear about where we've been, they will never spend the time to do what you want. I agree that they should strive to be the best at their jobs. I just want them to be complete. That isn't nonsense.
  10. Vern Don: I can accept that. I didn't read and study those things until 15 years into my career. Now, those who are interested and have the time can look at the citations and learn some good stuff without having to do the research that I did. I know one or two people here will check my citations. I'll probably do it again myself because I want to see it again. Vern: The people who don't know it is there. Come to think of it, I'm going to look at some of those citations again.
  11. Vern: Years ago, I don't know if it was before CICA or after, FSS was using negotiation to buy autos. They were using standards instead of specifications. I never saw them asking anyone for clarifications, discussions, best and finals (used back then), etc. Negotiation worked. I could have challenged their use of negotiation instead of formal advertising/sealed bidding but I decided it might have had a detrimental effect on FSS. I let it slide. In 1842, the U. S. Congress laid out 4 basic procedures for advertising at 5 Stat. 526. They are public notice of the agency need, sealed offers, public opening of bids, and award to the lowest bidder. I'm sure GAO and its predecessors filled in the blanks. They should look there for exceptions or conditions to advertising that permitted something called negotiaion. Then they should go to 1862 and think qui tam. That is what members should strive to learn--everything they can. They should go to 1 Stat 234, 2 Stat 536, (2 Ops. Att'y Gen. 257., 259). 12 Stat 103. Take on ASPA of 1947 and FPASA of 1949. Read the legislative histories. Study the COGP and what it said. (I've posted links to it and GAO reports that Congress required.) Find out why there is an OFPP, why there is a CICA, etc. Find out about the old House Committee on Government Operations and the Senate Committee of Government Affairs. They need to know how PL 87-653 came about and who Carl Vinson, Lawton Chiles, and Jack Brooks were. I've been there, I've done that, decades ago. Who else knows anything about procurement history. I'm sure there are a handful of people here that do and they are the ones that post here. There are a handful that will check my citations to statute and maybe look for that Attorney General opinion. Those that do will say huh and enjoy any new knowlege they gain. I'm sure that Thornberry has no idea of what came before him and that is one reason he spews crap before us. That is the problem, too few people care. It's easier to be an automaton.
  12. I've just posted the first item--Should Sealed Bidding be Abolished? There is a poll to go with it since it is a yes or no response. It can be discussed also. It's a race to 10 votes for either yes or no. If we cannot get 10 votes for a yes or a no, the community gets a Doh? The incentive or disincentive is the fate of Wifcon.com. I really don't care anymore and I won't participate either.
  13. Vern: Thank you for the offer. There will be no other prizes. A free and privately held discussion board is the prize. Members need to understand the importance of the highlighted text and they must decide if they are leaders or followers. This is the site's Thermopylae.
  14. bob7947

    Commercial Product Definition

    That shows how much I read the NDAAs. I post the sections and try to ignore all the baloney in it.
  15. bob7947

    Commercial Product Definition

    What about # 7. Wouldn't that cover just about any system produced or in production? BTW, according to the Department of State, our contractors sell $150 billion worth of weapons to foreign contries annually.