Contract time Posted March 7 Report Share Posted March 7 Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis? My thought is “yes,” but I have not yet found a definitive authority on point. Any thoughts are appreciated. Thank you! Quote Link to comment Share on other sites More sharing options...
C Culham Posted March 8 Report Share Posted March 8 Facts matter but these might help you decide whether the answer could be yes or no. https://www.gao.gov/assets/b-420227.pdf https://www.gao.gov/products/b-419779%2Cb-419779.2 https://www.gao.gov/assets/820/817852.pdf Quote Link to comment Share on other sites More sharing options...
Retreadfed Posted March 8 Report Share Posted March 8 15 hours ago, Contract time said: Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis? As Carl alluded to, when an entity knew or should have known of the existence of a basis for a protest is a fact specific question. For an extreme situation, see GAO-05-436T Air Force Procurement: Protests Challenging Role of Biased Official Sustained. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted March 8 Report Share Posted March 8 On 3/7/2023 at 3:32 PM, Contract time said: Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis? Not necessarily. See 4 CFR 21.2, Time for Filing. Paragraph (a)(1) covers protests about improprieties in a solicitation. Paragraph (a)(2) covers other protests, including protests of awards: Quote Protests other than those covered by paragraph (a)(1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, and which does not involve an alleged solicitation impropriety covered by paragraph (a)(1) of this section, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. Generally, every method of contracting requires the contracting officer to notify offerors about an award decision in some way or another. The deadline begins when an offeror receives notification or otherwise learns of the award. The CO is supposed to complete an FPDS contract action report within three days after contract award, but I don't know when that information becomes public. The CO must also notify unsuccessful offerors within three days after contract award. The CO must also make a public announcement of award in accordance with FAR 5.303. The deadline begins when the offeror knew or should have known of the basis for the protest. I doubt the an offeror would learn via FPDS sooner than from another method, such as notice directly from the CO or contract specialist or a synopsis of award at SAM.gov. But I suppose that anything is possible. Quote Link to comment Share on other sites More sharing options...
formerfed Posted March 10 Report Share Posted March 10 I also doubt if FPDS provides information on the basis of award. Most award decisions now use some form of trade off so offerors need additional information from the contracting officer other than what’s conveyed in FPDS. Quote Link to comment Share on other sites More sharing options...
dsmith101abn Posted March 10 Report Share Posted March 10 On 3/8/2023 at 7:11 AM, Vern Edwards said: In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, and which does not involve an alleged solicitation impropriety covered by paragraph (a)(1) of this section, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. I couldn't get acquisition.gov to open and didn't try any other avenues, but isn't 5 days prescribed in FAR 33, not 10 days? so if 4 and 48 CFR conflict which one do you follow? I'd gather with a degree of certainty this has happened before. Another question, since the regulations use the word offered, i could potentially offer a post award debrief 5 days after a written request for one, and if 5 days is the time limitation to protest, the contractor would be untimely in their protest since i didn't give it until day 5? that seems shady but that's what i took away. Quote Link to comment Share on other sites More sharing options...
Retreadfed Posted March 10 Report Share Posted March 10 22 minutes ago, dsmith101abn said: so if 4 and 48 CFR conflict which one do you follow? See FAR 33.104 (Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR Part 21, 4 CFR Part 21 governs.) This should answer your other question. Quote Link to comment Share on other sites More sharing options...
dsmith101abn Posted March 10 Report Share Posted March 10 10 minutes ago, Retreadfed said: See FAR 33.104 (Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR Part 21, 4 CFR Part 21 governs.) This should answer your other question. ^^^ Thanks. Quote Link to comment Share on other sites More sharing options...
Constricting Officer Posted March 11 Report Share Posted March 11 It does not. The situations outlined above show how there is not a constant answer to all questions in the contracting realm. Stop looking for them. Quote Link to comment Share on other sites More sharing options...
formerfed Posted March 11 Report Share Posted March 11 @dsmith101abn You need to carefully read FAR 33.104 and not base questions on what you think or remember. Then carefully read 4 CFR part 21. There isn’t any conflict. Disregard any other responses you received here after asking that question (which shouldn’t have been asked in the first place because you couldn’t get acquisition.gov to open) Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted March 11 Report Share Posted March 11 19 hours ago, dsmith101abn said: I couldn't get acquisition.gov to open and didn't try any other avenues, but isn't 5 days prescribed in FAR 33, not 10 days? so if 4 and 48 CFR conflict which one do you follow? Screaming Eagle, I think that post was a streamer. Quote Link to comment Share on other sites More sharing options...
Retreadfed Posted March 11 Report Share Posted March 11 1 hour ago, Vern Edwards said: Screaming Eagle, I think that post was a streamer. Airborne all the way Quote Link to comment Share on other sites More sharing options...
formerfed Posted March 12 Report Share Posted March 12 22 hours ago, Vern Edwards said: Screaming Eagle, I think that post was a streamer. I’m not sure what a “streamer” is but if the intent of a post is getting a rise or a reaction, the common term is “trolling.” https://en.wikipedia.org/wiki/Troll_(slang) Edit: never mind. I just realized what a streamer is in the context of Screaming Eagle 😁 Quote Link to comment Share on other sites More sharing options...
dsmith101abn Posted March 13 Report Share Posted March 13 yeah, my new T-11R didn't deploy. It's been known to happen. I shouldn't have said what i said. but lol on some of the responses. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted March 13 Report Share Posted March 13 https://web.archive.org/web/20060304041404/http://www.west-point.org/users/usma1981/38405/west_point/songs/bloodontherisers.htm https://www.youtube.com/watch?v=XK_RkH7aHb8 https://www.youtube.com/watch?v=fie3m768zN4 https://www.youtube.com/watch?v=c70e6nsWvsI https://www.youtube.com/watch?v=J0DF-W_qlDI Quote Link to comment Share on other sites More sharing options...
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