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Protest Grounds for GSA Federal Supply Schedules


Patrick S

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Hi, All!  We just posted new content on the Contract Protest Diagnostic Tool (CPDT) outlining protest grounds unique to orders under GSA Federal Supply Schedules contracting.  In our research, we identified the following protest issues:

1.      Allegations that the agency’s award is outside the scope of the awardee’s FSS schedule.
2.      Challenges to establishing blanket purchase agreements (BPAs) under the FSS program.
3.      Allegations that the agency’s communication exchanges were unfair.
4.      Allegations that the agency unfairly limited sources for an FSS order or BPA.
5.      Challenges to the agency’s small business set-aside decision under the FSS.
6.      Responsibility determinations under GSA’s FSS Program.
7.      Using the “highest technically rated offeror” (HTRO) approach for FSS procurements.
8.      Challenges to the agency’s selection of a Special Item Number or specific schedule.
9.      Challenges related to the use of contractor teaming agreements and joint ventures.
10.  Applicability of FAR Part 12, “Acquisition of Commercial Products and Services” to FSS procurements.

We also added a new Subcategory 6.4 - Certificates of Competency Program. 

Check it out at https://aida.mitre.org/protest-tool/.  Click "Snorkel" and then Category 9.1.  I hope you find it useful and please feel free to provide feedback if you see something that needs to be improved.  Thanks!

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39 minutes ago, formerfed said:

@Patrick S  I don’t see the updated content on the link

Hi, formerfed.  I apologize for this issue.  I have encountered the same problem before personally and I had to clear my browser cache to fix it.  Or, as an alternative, if you normally use Chrome, you could try accessing the tool with the MS Edge browser (or vice versa).  I will talk to my technical team to see how to avoid this in the future.  Again, I apologize for the inconvenience.  This is the kind of technical feedback I need to improve this prototype.  Thank you.

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Patrick, switching browsers worked.

The new revision is really impressive.  It shows lots of comprehensive reviews and analysis and great work with summations and conclusions.  Congratulations to you and your team.

A lot of 1102s and PMs don’t really fully understand FAR 8.4.  That includes many contract attorneys who focus chiefly on FAR 15 acquisitions.  This will go a long way to better advise and educate.

You likely will receive some negative feedback.  That should be expected.  Even here you’ll see differing opinions on what GAO decisions really mean and whether commenters agree or not that GAO or the COFC got it right.  My advice is read and listen and make adjustments you feel are necessary.  But the important thing is you took a huge step in providing instructions and guidance which didn’t really exist before. Super job!

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15 hours ago, formerfed said:

Patrick, switching browsers worked.

The new revision is really impressive.  It shows lots of comprehensive reviews and analysis and great work with summations and conclusions.  Congratulations to you and your team.

A lot of 1102s and PMs don’t really fully understand FAR 8.4.  That includes many contract attorneys who focus chiefly on FAR 15 acquisitions.  This will go a long way to better advise and educate.

You likely will receive some negative feedback.  That should be expected.  Even here you’ll see differing opinions on what GAO decisions really mean and whether commenters agree or not that GAO or the COFC got it right.  My advice is read and listen and make adjustments you feel are necessary.  But the important thing is you took a huge step in providing instructions and guidance which didn’t really exist before. Super job!

Wow!  That is high praise and really good advice!  Thank you!  I appreciate you taking the time to review it and provide feedback, and we will definitely take your advice.  Have a great weekend.

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