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Found 9 results

  1. Hello all, I'm new to this contracting forum so please forgive me if this question has already been asked and answered before. So I am in the middle of writing up my formal response to a protest I've received. I've been searching the FAR up and down and can't seem to find the exact FAR reference I am looking for and was wondering if this forum could be of assistance. I’ve looked in FAR parts 5, 10, 12, 13, 14, and 15, including DFARS references. The back story is: a vendor provided us with a market research quote on 6/29/17. Solicitation was posted on GSA from 8/14/17 - 8/18/17 and I received 3 quotes, including this vendor’s quote. Their quote was found to be technically acceptable but was higher than their original market research quote and was not chosen for award because they did not provide the best value to the government with price being the determining factor. They are protesting that we should have accepted their original quote from 6/29/17. The FAR reference I am looking for should say something like "Quotes from offerors in response to a solicitation can only accepted." Does anyone know of a reference like that in the FAR or a similar one that I can use for my formal protest letter? The FAR references that I think might talk to this is: FAR 13.106-2(a)(2), FAR 14.103-2, FAR 14.301(a)(1), FAR 15.201(c)(3), and FAR 15.208(a). I attempted to resolve this issue through cordial conversations, according to the guidance in FAR 33 “Protests”, prior to the protest and I explained to the vendor that quotes can only be accepted in response to a solicitation, not market research quotes. He didn't like that answer. So now I'm in a protest. I want to make it crystal clear to the vendor in my letter so as to avoid a GAO protest. Thank you for your time and assistance!
  2. Odd Protest

    http://www.wifcon.com/cgen/414223.pdf I just read this protest on my lunch break and found it very odd. Correct me if I am wrong, but did the incumbent contractor just try to protest away its 'incumbent advantage'?! 1. Protest challenging the terms of the solicitation as ambiguous is denied, where the solicitation provides offerors with sufficient information to compete intelligently and on a relatively equal basis, and where the information requested, much of which is proprietary to the protester, is not necessary for offerors to be able to draft their proposals. 2. Protest arguing that the solicitation should resolve an alleged ambiguity by including the protester’s proprietary data, after the protester waives its rights in the data, is dismissed where the protester failed to establish that it is an interested party to challenge the lack of data in the absence of any competitive prejudice.
  3. The authority of the GAO to hear bid protests regarding civilian agency task and delivery orders over $10 Million will expire on Sep. 30, 2016, unless the Congress acts to eliminate or extend the sunset provision of 41 USC 4106(f)(3). I support 41 USC 4106(f)(3) as it is now written. I support the sunset provision for protests to GAO on task and delivery orders for civilian agencies. The task and delivery order ombudsman process of 41 USC 4106(g) will never become meaningful unless the sunset is allowed to occur -- and I want the ombudsman provision to become meaningful; therefore, I want the sunset to occur. Accordingly, I oppose Section 502 of H.R. 4341, Defending America’s Small Contractors Act of 2016, because Sec. 502 would eliminate the sunset. Sunsets are beautiful, don’t you think? Below is the pertinent text from H.R.4341 and 41 USC 4106: Defending America's Small Contractors Act of 2016 H.R. 4341 Sec. 502. Protecting task order competition. Section 4106(f) of title 41, United States Code, is amended by striking paragraph (3). Orders 41 USC 4106 (f) Protests. (1) Protest not authorized. A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for: (A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or (B) a protest of an order valued in excess of $10,000,000. (2) Jurisdiction over protests. Notwithstanding section 3556 of title 31, the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B). (3) Effective period. Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after September 30, 2016. (g) Task and Delivery Order Ombudsman. (1) Appointment or designation and responsibilities. The head of each executive agency who awards multiple task or delivery order contracts under section 4103(d)(1)(B) or 4105(f) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on those contracts and ensuring that all of the contractors are afforded a fair opportunity to be considered for task or delivery orders when required under subsection (c). (2) Who is eligible. The task and delivery order ombudsman shall be a senior agency official who is independent of the contracting officer for the contracts and may be the executive agency’s advocate for competition.
  4. An Agency Level Protest was filled with our office on March 15, 2016. Yesterday, April 13, 2016, (prior to the Agency decision) the Agency received notice from the Contractor that a GAO Protest had been filled. My Question... Should a protestor file with GAO while an Agency protest is pending, is the Agency then absolved from issuing a decision? I will continue to look in Part 33 as well as 4 CFR Part 21, etc.; however, I have yet to find this scenario addressed. My gut tells me that once a protest is filled with GAO, any pending Agency decision would now be irrelevant (for lack of a better word this early in the morning).
  5. I'm interested in feedback... My Assertion No. 1: A size standard protest under FAR 19.302 is not a protest to the agency under FAR 33.103. It's not a protest to the agency because the agency cannot decide the protest. My Assertion No. 2: Accordingly, FAR 33.103( f ) (with its prohibition on awarding the not-yet-awarded contract or requirement to suspend performance of the already-awarded contract) does not apply to size standard protests. Rather, for size standard protests, FAR 19.302( h ) applies. This seems so simple and self-evident to me. But others tell me that FAR Subpart 33.1 applies simply because of the word "protest." Has anyone else faced this question?
  6. My Procurement Exec and one Attorney believe GAO recently used the so-called "10%" rule to determine a contract modification was within scope and therefore denied a protest. Neither has been able to produce anything other than their own recollection. Everything I have found in my previous and recent research indicates they are seriously mistaken. So if anyone out there has seen anything from GAO to support their statements, please post a link.
  7. Here is the background....We are the prospective Subcontractor on an award expected mid-June. Our prime anticipates a protest and subsequent stop work order, but has approached us about proceeding with work until the protest is decided. Assuming we receive appropriate contractual assurances from our Prime that we will be paid, are there any consequences (for either us or the Prime) to what appears to be a violation of a stop work?
  8. Protest and BPA

    Can one protest a BPA (off the FSS) even though no TO/PO have been issued?
  9. Good morning. My scenario: The government agency has released a FFP/LH/CR type solicitation. I don't feel the contract type is reflective of the PWS, and doesn't adequately/evenly address the PWS risk. I've been researching preaward protests that involve FAR Part 11 and agencies adequately describing their needs. However, I haven't found one that's tied to contract type. Or, am I missing the boat on the proper section to reference? I'm hoping that someone can point me in a better direction than the one I'm headed now. Thanks in advanced. Jill
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