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SDVOSB on GSA - Software Requirement

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I am a former Contracting Officer looking for some help.

We have a software company and are partnered with a SDVOSB who holds a GSA contract. We recently found a few sole source awards that had been made to a competitor of ours. I went into FPDS, got the information, and emailed the CO. He passed me over to the COR who said that she wasn't the end user but could forward my information along. In the process, I also reached out to the SBA rep for the agency who was so condescending that it blew my mind!

So my question is: do I have to wait until a new sole source award is made to protest? is there another avenue for attempting to alert the involved parties that we can meet the same requirements? and if the RFQ is not requirements based, but instead is just a software maintenance renewal that requires "proprietary maintenance" for the existing solution, am I just out of luck?


Oh, and the SBA rep also told me that there is no competition required under the SAT......... wow....

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What do you want? Should the contracting officer cancel the already-awarded sole-source contracts?

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So my question is: do I have to wait until a new sole source award is made to protest? is there another avenue for attempting to alert the involved parties that we can meet the same requirements? and if the RFQ is not requirements based, but instead is just a software maintenance renewal that requires "proprietary maintenance" for the existing solution, am I just out of luck?

Whether or not you can protest depends on whether your protest would be timely. Look up the GAO's timeliness rules in 4 CFR, or ask a lawyer advise you whether you could hope to get the Court of Federal Claims to take your protest. If your protest would be untimely at the GAO, then you would have to wait for another such sole source award before you could protest there. The Court of Federal Claims is a more complex matter. Talk to a lawyer.

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What do you want? Should the contracting officer cancel the already-awarded sole-source contracts?

No, of course not. I was just trying to figure out if there is another avenue for contact. Sorry, my post was poorly worded.

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Whether or not you can protest depends on whether your protest would be timely. Look up the GAO's timeliness rules in 4 CFR, or ask a lawyer advise you whether you could hope to get the Court of Federal Claims to take your protest. If your protest would be untimely at the GAO, then you would have to wait for another such sole source award before you could protest there. The Court of Federal Claims is a more complex matter. Talk to a lawyer.

This is great advice. Thank you for your help.

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Consider a letter or email to the agency competition advocate requesting consideration for future orders. It may get your foot in the door or it may not but you won't be out much (less than the posts on this site). I am a Competion Advocate and take such emails seriously and discuss the sole source with the CO and provide the company a reasonable answer. Most COs get the message and compete future requirements if they really had no reason for sole source.

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