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govt2310

Wasn't there a GAO decision saying FAR 15 could apply to FAR 16.505 ordering?

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FAR 16.505( B )(1)(ii) states that the policies in FAR 15.3 do not apply to FAR 16.505 task/delivery orders. Also, Note 13 in Bay Area Travel, Inc., GAO B-400564.2 et al (November 5, 2008), states the same thing ("Although the protesters argue that excluding the "policies" of FAR Subpart 15.3 does not prohibit hte import of the "procedures" set forth in those provisions, we conclude that FAR Part 15 procedures do not, as a general rule, govern task and delivery order competitions conducted under FAR Part 16").

However, I seem to remember that a long time ago the GAO had another decision weighing in on this issue, and that decision said that, in special circumstances depending on the facts, FAR 15 procedures could be applicable to FAR 16 orders if the agency set up the solicitation referencing FAR 15 procedures. But I can't find this case.

Does anyone remember this case and remember what the citation was?

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Page 7 of KBR decision states:

"For this task order competition, the agency indicated in the solicitation that exchanges would be in accordance with FAR part 15, RFP at 15, and the agency relied upon decisions interpreting FAR part 15 in defending the protest. Thus, in analyzing the issues relating to the conduct of exchanges here, we have looked to FAR part 15 and the cases interpreting that part."

Does that answer your question?

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@govt2310. No problem. Glad I could help.

I see it happening within my Agency quite often. KO's introduce Part 15 source selection procedures to a Part 16 or Part 8 requirement. A lot of times making the source selection process more complicated than what it really needs to be. Vern has a very good article on the subject. Good read!

http://www.wifcon.com/anal/analcomproc.htm

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