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Don Mansfield

Supreme Court to Hear Bid Protest Case

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This came from the GAO/COFC controversy, if I remember correctly. This will be the first SCOTUS "protest" ruling on the site, if I remember correctly, but I believe it will be in the next term.

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Bob: I have sent you an email containing Kingdomware's petition to the Supreme Court and the Government's opposing brief, so you can post them for those who might be interested.

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The recent brief filed by the VA attempts to make a point that orders under the FSS or other MAS contracts are not contracts for the application of various statutes and regulations. Although this is not the main thrust of the case, it would be nice if we could get the Supreme Court to opine on this topic - of which we have had much fun here at wifcon.

http://www.scotusblog.com/wp-content/uploads/2015/10/14-916bsunitedstates.pdf

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I just left the Supreme Court, fascinating to hear the Chief Justice's discuss the meaning of "shall" and questioning why agencies don't use more of the Federal Supply Schedules.   

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I had to smile.  I was waiting for the SCOTUS release of new opinions in anticipation of a Kingdomware opinion.  On the site I was watching, there was a VA Procurement Analyst watching.  That person may be here too.

Anyway, no Kingdomware today.

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The SC issued its decision today reversing the Federal Circuit.  The Court ruled that the VA set aside procedures are mandatory and that FSS orders are contracts.  Therefore, the rule of two applies to such orders.

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