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bob7947

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Posts posted by bob7947

  1. Thanks for the responses.

    After I had given up, I noticed that my keyboard was on "Numbers Lock" (NumLock) which I quickly changed. Now, this board remembers me. I have no idea if the NumLock had any connection to the Remember Me issue. Anyway, now that problem appears to have ended--for now.

  2. I spend much of my evenings trying to find something of value to post from published bid protests from GAO, COFC, and CAFC--and they are the ones that make it that far. Unfortunately, most of the protests are little more than whining by a disappointed offeror.

    Offerors should not attempt a protest unless they have an independent party evaluating the merits of the concern before they send it on to a practicing protest attorney. It would save them a lot of money. Probably a good lesson in timeliness would save much more. Maybe they should check the Wifcon.com section on bias too.

    Instead, they let anger and frustration get the best of them and then have someone file a protest. Perhaps they think they are making a point with the awarding agency. I doubt if they are.

    Let's look at GAO's statistics. Of the protests filed with GAO in 2012, about 23 percent actually made it to a merit decison--denied or sustained. Of the protests that were filed, about 4 percent were sustained. That means that the losing offeror might get the agency to shuffle a bit more paper before losing again. Maybe the losing offeror gets another shot at discussions, maybe the losing offeror gets a chance to send the SSA an obscene hand gesture in person, but rarely do they get a shot at winning a new procurement caused by the protest.

    At GAO, they have a section of its General Counsel dedicated to bid protests. They even issue annual statistics. Some of the GAO bid protest attorneys have been there for years, if not decades. The best are/were similar to walking encyclopedias on protests. GAO's bid protest group is a factory--in one end comes the raw material, waste is discarded, and at the other end a tightly written decision is issued. In one end and out the other. Henry Ford would marvel at it.

    Then you have the COFC. If a protester is really angry and has deeper pockets, it can protest to COFC. A shot at 2 birds--awarding agency and maybe GAO--with one stone. There is no "bid protest production line" at the COFC. It is specialty work. Usually the format of decisions may be different, although they appear to be more uniform than in the past. Of course, some judges have the gift of blab and you must do some deep wading before finding a nugget of information.

    Anyway, keep the agency level protest and have GAO's bid protest production line act as an appeal function of the agency decisions. Get the COFC and the CAFC out of the protest game.

  3. Since I posted the analysis of the NDAA for FY 2013, you have viewed a number of its provisions. Here are the sections that interest you the most in their order of downloads:

    1. SEC. 822: Extension of authority for use of simplified acquisition procedures for certain commercial items.
    2. SEC. 811: Limitation on use of cost-type contracts.
    3. SEC. 804: Department of Defense policy on contractor profits.
    4. SEC. 862: Uniform contract writing system requirements.
    5. SEC. 802: Review and justification of pass-through contracts.
    6. SEC. 831: Guidance and training related to evaluating reasonableness of price.

    Here, you can review the full Analysis of Contracting Related Sections.

  4. Napolik:

    Thanks.

    Vern & Napolik:

    Thanks for always contributing your knowledge.

    Anyone:

    I checked the attorney's office (web site) and the individual attorney who represented Infoshred. You can do it yourself. The office appears to be a local law office in Connecticut. The specific attorney does not represent himself as having a background in federal contracts--and he won the decision. I think he used a non-technical practice--if you want to call it that--to win. Hint--2 words.

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