I read the CoFC bid protest from the link on the front page.

Nicely done, Mr. Edwards!

Nice! 😃

👍👍

I'll add it so we know what is being discussed.

Quote

Although the Court acknowledges the likely “obligation [of an offeror] to ascertain the continuing availability of key personnel at the time of submission of final proposal revisions,” OAO Corp. v. United States, 49 Fed. Cl. 478, 482 (2001), 37 the Court is unable to locate the basis for the GAO’s rule “that offerors or vendors are obligated to advise agencies of material changes in proposed staffing, even after submission of proposals.” AttainX, Inc., B-419306, 2021 CPD ¶ 21, 2021 WL 228876, at *4 n.4 (Jan. 12, 2021). Indeed, “[t]he GAO’s rule that offerors are ‘obligated’ to notify agencies of changes in the status of their proposed key personnel” strikes the Court, candidly, as without legal basis and “unfair.” Vernon J. Edwards, Key Personnel Substitutions After Proposal Submission: An Unfair Rule, 31 Nash & Cibinic Rep. ¶ 59 (2017) (criticizing the rule as “GAO diktat” because it has not been subject to “publication in the Federal Register and an opportunity for public comment”). ³⁸

The excerpt is on p. 30 of Golden IT, LLC v. U. S. and Spatial Front, Inc., No. 21-1966C, February 4, 2022.  (February 7, 2022)  It is in footnote 38 on p. 30 and runs on further.

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here_2_help:  I appreciate you mentioning that bid protests are posted on the Home Page so that others may use them too.

2 hours ago, bob7947 said:

I'll add it so we know what is being discussed.

The excerpt is on p. 30 of Golden IT, LLC v. U. S. and Spatial Front, Inc., No. 21-1966C, February 4, 2022.  (February 7, 2022)  It is in footnote 38 on p. 30 and runs on further.

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here_2_help:  I appreciate you mentioning that bid protests are posted on the Home Page so that others may use them too.

Yeah, but you're such a helper! I was hoping people would be motivated to read the decision on their own, to see what was being referenced.

You're the helper, not me.

Wow.  I’ve heard this so many times, I assume it was based on legal precedent.  One huge benefit of this site is interfacing with  the top experts like Vern.  Well, especially Vern but don’t let that go to your head 😁

After I read the case, I went looking for the Article, and also found it on WIFCON. 

 

@here_2_helpet al., Thanks! I'm in Tucson exploring Sequaro National Park and the Davis-Monthan AFB "boneyard" and didn't see the decision. Going to Tombstone to visit the OK Corral.

The GAO is not bound by COFC decisions and will stick to its position unless the CAFC affirms the COFC on appeal.