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Steve Proctor

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  1. Jacques, the upshot of our particular situation which gave rise to this posting was our KO decided to give the offeror the benefit of the doubt and grant a debriefing. I had no particular objection to that decision, particularly since we are comfortable that we were on solid ground in excluding the offeror from the competitive range, and it occurred to me as well that refusing to debrief might lead the offeror to wonder if we had something to hide, thus increasing the odds of a protest being filed. I still can't figure out why the FAR would inject such a note of ambiguity by use of "submitting" without further clarification, but I suppose life is full of such mysteries. Thanks again to all for your thoughts.
  2. Thanks to all for your thoughts, and especially Jacques for really digging into this. Jacques, I checked the Emerson case you cited, and I confess I don't see any discussion of the submit vs. receive issue. Notwithstanding that, it appears that there may not be any direct case authority under 15.505, and the best we can do is conjure on how far other FAR sections may take us by analogy. For instance, 15.208(a) says: "Offerors are responsible for SUBMITTING proposals....so as to REACH the Government office designated in the solicitation by the time specified in the solicitation." (emphasis added).
  3. I thought this issue would have come up before, but haven't found any authority on the subject. FAR 15.505(a)(1) says: "The offeror may request a preaward debriefing by SUBMITTING a written request for debriefing to the contracting officer within 3 days after receipt of the notice of exclusion from the competition." A debate has erupted in our office as to what "submitting" means in the context of snail mail requests for debriefing (we having recently received a request placed in the mail within the 3 day period, but received well after). I note that 15.506(a)(1) says, in contrast: "An offeror, upon its written request RECEIVED by the agency within 3 days after the date on which that offeror has received notification of contract award in accordance with 15.503(, shall be debriefed and furnished the basis for the selection decision and contract award." I presume the FAR fathers meant something by the use of different terms in the two sections, but the logic escapes me. Can anyone point to any authority as to what "submitting" means in this context? Thanks.
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