formerfed Posted September 15, 2024 Report Share Posted September 15, 2024 … Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted September 16, 2024 Report Share Posted September 16, 2024 16 hours ago, formerfed said: … Did you mean to say something, formerfed? 🤠 Quote Link to comment Share on other sites More sharing options...
Jamaal Valentine Posted September 16, 2024 Report Share Posted September 16, 2024 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. Quote Link to comment Share on other sites More sharing options...
Retreadfed Posted September 17, 2024 Report Share Posted September 17, 2024 I learned a long time ago that laws, regulations and contracts mean what the courts say they mean. Quote Link to comment Share on other sites More sharing options...
formerfed Posted September 17, 2024 Author Report Share Posted September 17, 2024 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. Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted September 17, 2024 Report Share Posted September 17, 2024 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. Quote Link to comment Share on other sites More sharing options...
formerfed Posted September 17, 2024 Author Report Share Posted September 17, 2024 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. Quote Link to comment Share on other sites More sharing options...
Jamaal Valentine Posted September 17, 2024 Report Share Posted September 17, 2024 The article I cited is in the Spring 2024 volume, but the specific date of the article is August 21, 2024. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted September 18, 2024 Report Share Posted September 18, 2024 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. Quote Link to comment Share on other sites More sharing options...
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