Jump to content

Recommended Posts

We just awarded a service contract with performance beginning 1 March 2012 under a IDIQ contract with the winner being someone other than the incumbent contractor. Now the incumbent has filed a protest on a long list of things. This me and my CO first protest and we don't know where to begin. I looked for the Stop work clause in the base IDIQ for the winner but its not there. Any suggestions on where we should begin this protest. Thanks

Link to comment
Share on other sites

We just awarded a service contract with performance beginning 1 March 2012 under a IDIQ contract with the winner being someone other than the incumbent contractor. Now the incumbent has filed a protest on a long list of things. This me and my CO first protest and we don't know where to begin. I looked for the Stop work clause in the base IDIQ for the winner but its not there. Any suggestions on where we should begin this protest. Thanks

Have you read 52.233-3, FAR 33.1 and the protest rules of the forum in which the protest was filed?

Link to comment
Share on other sites

A few more details would help us in understanding your particular case, and you should read what retreadfed has mentioned above as well, it may solve your problem. Is this a multiple award IDIQ? I can only assume so since you awarded under one and it wasn't the incumbent, which makes me believe it is. What is the dollar value of the task order? There are specific rules for protests of task/delivery orders awarded under an IDIQ, many of which are based on the dollar value of the order.

Link to comment
Share on other sites

If protest was filed within 10 days of award, then you are at mandatory stay of execution unless you go for an override. If it's the base IDIQ that was protested, then you shouldn't award any task/delivery orders underneath it unless you get the override approved. If it's an order that was protested, then you issue a stop work and figure out how to extend the incumbent's POP through the protest period (if it ends before then)

Link to comment
Share on other sites

Ok I have question pertaining to this statement out of the FAR:

33.104 -- Protests to GAO

(f) GAO decision time. GAO issues its recommendation on a protest within 100

days from the date of filing of the protest with the GAO, or within 65 days

under the express option. The GAO attempts to issue its recommendation on an

amended protest that adds a new ground of protest within the time limit of

the initial protest. If an amended protest cannot be resolved within the

initial time limit, the GAO may resolve the amended protest through an

express option.

Who can request a protest be expidited to 65 days?

Link to comment
Share on other sites

Guest Vern Edwards

See 4 CFR 21.10(a):

(a) At the request of a party or on its own initiative, GAO may decide a protest using an express option.

"Party" includes the government, and a review of protest decisions indicates thet the government often requests the express option.

If you have other questions about bid protests to the GAO, see the GAO's bid protest regulations: http://gao.gov/legal/bids/bibreg.html

Link to comment
Share on other sites

Maybe it's me - It's been a rough week and it's only Tuesday. But I have to ask - is anyone else a bit frightened by a post like this? A CO entrusted with making a $32M award and doesn't know where to begin when a protest has been received? I'm not judging the CO or the poster. I suppose it just goes to show how valuable a resource WIFCON can be.

I'm just shaking my head - and it's starting to hurt!

Link to comment
Share on other sites

Guest Vern Edwards

It is a legitimate cause for concern, but the problem is pervasive and long-standing. Among my colleagues CO ignorance is a frequent topic of conversation. High-level knowledge has not been a prerequisite of CO appointment for many years. Standards and expectations are low in most agencies. As in much else in modern America, mediocrity is the norm. Incompetence may still cause anger, but not surprise, not really. Inspired and demanding leadership is the solution, but that seems to exist only among the uniformed military. Most of the the civilian bureaucracy is lost. We must look to the new generation to fix things when they take over. They are our only hope, but where will they learn inspirational leadership?.

Link to comment
Share on other sites

Honestly, ignorance is a frequent topic of conversation amongst many professions. It is easy to to cast stones at the system or the perceived shortcomings of others. Politics, Sports, Contracting, take your pick.

In my opinion, which is of little value, you can be part of the problem by only telling others how they are wrong or lack qualification, or you can be part of the solution by providing information, atlernative solutions, and/or valuable answers to those seeking help on WIFCON.

I for one truly appreciate the work and value that individuals on this forum provide being open and discussing problems, no matter how silly or complex the question might be. There are lots of specialists in the background on this site that search for information without posting questions in fear of seeming foolish. In truth, The one who asks a question is a fool for five minutes, but the one that does not ask a question is a fool forever.

Also I would like to let duke38 know that I have worked and awarded contracts over $25M and yet I have no experience with a protest at this point in my short contracting career of 6 years, and I too might seek the advice of others on WIFCON, as well as my coworkers, legal, and regulations. I don't think that is ridiculous.

Furthermore lack of knowledge or CO ignorance is not a problem that can't be overcome. It is the lack of critical thinking, problem solving, and agency regulations and checklists taking that process or skill away from Contracting professionals that is truly an issue. I see more focus on oversight and less on execution everyday. If one were allowed to simply function within regulations and stop trying to standardize the process to a one size fits all, along with Contract Specialists/Officers who realize they should add critical thinking/value to the acquisition process because they are paid much more than an administrative assistant, it could actually lead to substantial improvement in the profession.

Stepping down from my soapbox...
Link to comment
Share on other sites

Guest Vern Edwards

hutch:

Some thoughts in response:

The kind of ignorance we're talking about is professional ignorance. No one can know everything and so everyone is ignorant to some degree. I don't expect any professional to know the answer to every question. I don't. However, there should be professional standards of knowledge and know-how. What i expect is that professionals look for answers before doing the easy thing and asking somebody else. COs should not go running to the legal office or a colleague (or to Wifcon) for the answers to basic questions before making an attempt to find the answer on their own.

I did not know the answer that I provided, I had to look it up, which is the difference between me and duke38 -- I looked it up. duke38 read FAR 33.104 -- at least he read 33.104(f) -- which he quoted. Well, the very first sentence of FAR 33.104 states:

Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations).

Had duke38 looked there, as I did, he would have found the answer that I provided. I went one more step. The word "parties" in the GAO regulation is not entirely clear. I assumed that the government was among them, but I was not positive, so I checked some GAO decisions that mentioned the "express option" and was able to confirm that the government can request it. That is the kind of work that i expect from professionals. People who ask questions without first trying to find the answers on their own deserve the "look it up yourself" response that my elementary school teachers would have given to me if I had asked what a word meant. At Wifcon, we are too kind for that. I'm not sure that's always a good thing.

I did not criticize duke39 when I answered his question, and my remarks in response to Linda were not aimed at him. But since you decided to leap to the defense, I'm speaking up. Early in my career I was told to look for answers on my own before asking others for them. I'm glad I was told that. It has stood me in good stead. No one knows who duke38 is. I don't. There is no reason for him to be embarrassed. I hope I have done for him the service that was done for me. I can tell you this: I have been a whole lot nicer than the person who taught me. A stone or two can be a good thing, especially if it hits you in the head.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...