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Posts posted by justinramani

  1. 2 minutes ago, General.Zhukov said:

    More professionally stated-----

    What I mean to say is that based on my reading of the FAR Parts 16 (Ordering) and 33 (Protest), there are two salient facts:

    1.      protests for orders over $25MM are the exclusive jurisdiction of the GAO per FAR 16
    2.      protest procedures, including whether/how rights to protest may be waived, are not in FAR - they are in an entirely different regulation, which supersedes the FAR.

    These two facts mean that the orders in question are affirmatively subject to GAO protest unless GAO - not the contracting agency - says otherwise, and GAO has not said otherwise.  And what's more, I think this is a unassailable rock-solid statement. 

    I give the example of how waiving small business representations to show how the same (incorrect, IMO) reasoning applied to the SBA leads to an obviously un-allowable situation.  Because who would bother with all that small business stuff if it could just be waived by the CO?

    The remark about GAO bid protest decision is to show an internal inconsistency.   If contract-holders don't agree with the GAO waiver, to whom would they protest the solicitation if not to GAO? The FAR states only GAO handles such protests.    And if they decided to sign the waiver and then protest to GAO anyways, do you really think GAO would dismiss the protest? 

    Thank you - I see where the FAR states that only GAO can hear TO protests over $25M. That answers my original question.

  2. 44 minutes ago, formerfed said:

    In that instance the agency didn’t exclude COFC.  But they encouraged agency level protests since they eliminated GAO.

    Another related thing I remembered concerned multiple award BPAs against GSA Schedule contracts.  The solicitation stated the government sought companies who would collaborate and work in partnership in meeting government program objectives.  This was one of the major evaluation factors and companies had to address in proposal submission.  The agency stressed frequent protests demonstrated the reverse in companies and offerors needed to detail all protests made in the past and circumstances.   I’ll try to see how that’s working and will post anything I find out.

    Thank you for moving this conversation along in a thoughtful manner.


    1 hour ago, General.Zhukov said:

    LOL, no.

    If I am wrong, and a CO can make exemptions to other regulations, please let me know so I can have offerors start waiving their SBA-mandated right to protest small business representation.  It will make my life easier.

    Please, please, please protest this - to GAO.  I would be genuinely delighted to read GAO's bid protest decision about whether an agency can require offerors to waive their right to a GAO bid protest. 

    Very professional. I hope you aren't responsible for developing others since you clearly don't condone thinking outside the box.

  4. 18 minutes ago, Retreadfed said:

    Why do you want to take away GAO bid protest rights?  Have you thought about the effect this can have on competition for the contracts and the quality of work you may get?

    I'm not sure how this directly relates to competition or performance. Are you saying that contractors will perform poorly if they can't protest to GAO? Also, this is already in place for TOs under $25M. This would just expand the rule that is already in place to over all of our TOs (many of which exceed $25M).  

  5. 2 minutes ago, formerfed said:

    This has been tried in the past and wasn't very successful.  I know of one instance where it was legally challenged and the agency prevailed.  Then Congressional representatives got involved and strongly objected since it appeared as the government strong armed companies to waive their rights.  The agency backed down and withdrew that condition.

    Thanks for your insight. Do you recall if in that instance the govt. was still allowing protest to the agency and COFC? We don't want to deny all rights to protest - just GAO.

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