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  1. Formerfed: I don't think you're reading the decision correctly. The solicitation included a downselection process that allowed proposals to be eliminated in the first step of the evaluation without any consideration of price. GAO found that approach to be inconsistent with the requirement in FAR Subpart 8.4 for agencies to make award based on best value.
  2. GAO has held that Kathpal Technologies and similar cases apply to procurements that use a best value tradeoff approach and thus DO apply to GSA schedule order procurements conducted under FAR Subpart 8.4. See Cyberdata Technologies, Inc., B-406692, August 8, 2012. Here is the relevant section of that decision:
  3. Retreadfed: The publication requirement isn't in the Act. OMB created this requirement in its Recovery Act guidance, and it is going to be incorporated into the FAR by an interim rule in the next week or so, I believe, under FAR Case 2009-010. The rules will be located in a new subpart of Part 5, Subpart 5.7.
  4. FAR 4.1201(a) ties completion of ORCA representations to registration in CCR. FAR 52-204-7, Central Contractor Registration, generally must be included in Part 12 solicitations. The instruction in FAR 4.1104 refers back to FAR 4.1102(a), which doesn't include any exception for commercial items contracts, so the clause is required in commercial item solicitations unless one of the exceptions in 4.1102(a) applies. If FAR 52.204-7 is required, then any prospective awardee would need to register in CCR prior to award, and the prospective awardee would at the same time have to complete the ORCA representations, per FAR 4.1201(a). So the prospective contractor on most Part 12 procurements would have to register in CCR and complete ORCA. That doesn't mean that an offeror has to be registered in CCR or have completed ORCA at the time it submits a proposal. But if the offeror hasn't completed the ORCA representations at the time it submits its proposal, it would have to fill out paragraphs © through (m) of FAR 52.212-3.
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