September 16, 20241 yr comment_86458 16 hours ago, formerfed said: … Did you mean to say something, formerfed? 🤠 Report
September 16, 20241 yr comment_86497 The title reminds me of something I read recently. The author discusses how tribunals create rules that are much harder for acquisition teams to find, read, and understand than statutes and regulations. When Recommendations Become Requirements: How the GAO’s “Non-Binding” Bid Protest Decisions Create Unofficial Procurement Rules Contracting Officers Are Expected to Follow. Michelle L. Miller. Public Contract Law Journal, Volume 53, Number 3, Spring 2024. Report
September 17, 20241 yr comment_86503 I learned a long time ago that laws, regulations and contracts mean what the courts say they mean. Report
September 17, 20241 yr Author comment_86506 The gist of the post I referenced along with a supporting article was that GAO decisions and COFC decisions sometime conflict. But they are based on the same FAR language and their decisions can alter the way FAR gets implemented despite what common practices are. In essence, these bodies are setting new policy. The author blames, in part, drafters of the FAR for this situation. If the regulations are unclear or ambiguous, OFPP and the FAR Council need to take actions. Somehow my original link changed or was faulty. I can’t find it to repost. But I’ll keep looking. Report
September 17, 20241 yr comment_86507 33 minutes ago, formerfed said: Somehow my original link changed or was faulty. I can’t find it to repost. But I’ll keep looking. @formerfed, is this the article: 23 hours ago, Jamaal Valentine said: The title reminds me of something I read recently. The author discusses how tribunals create rules that are much harder for acquisition teams to find, read, and understand than statutes and regulations. When Recommendations Become Requirements: How the GAO’s “Non-Binding” Bid Protest Decisions Create Unofficial Procurement Rules Contracting Officers Are Expected to Follow. Michelle L. Miller. Public Contract Law Journal, Volume 53, Number 3, Spring 2024. Report
September 17, 20241 yr Author comment_86509 52 minutes ago, joel hoffman said: @formerfed, is this the article: Joel, the one I referred to is more recent than that. I don’t doubt that one contributed to the other though. Report
September 17, 20241 yr comment_86510 The article I cited is in the Spring 2024 volume, but the specific date of the article is August 21, 2024. Report
September 18, 20241 yr comment_86518 On 9/16/2024 at 11:18 AM, Jamaal Valentine said: The title reminds me of something I read recently. The author discusses how tribunals create rules that are much harder for acquisition teams to find, read, and understand than statutes and regulations. That is a very old complaint, especially about GAO. It goes back decades. And it's a valid complaint about GAO. Report
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