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Proposal re-evaluation


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14 minutes ago, dsmith101abn said:

I suppose the part i'm confused about is if the procurement was protested to the SBA and GAO based on challenging the business size of the contractor who got the award, and the SBA denied that challenge, and assuming GAO will tell you they don't have jurisdiction over deciding on small business challenges, then what corrective action is the agency taking and why?

That I couldn't answer.  We haven't gotten the chance to see GAO state that they don't have jurisdiction, but that is what our lawyer is saying would be the likely outcome.  If off the record discussions are correct, there will be corrective action and another T4C coming.  Hence one of my questions - must the govt tell us WHY they are T4C?


4 minutes ago, ji20874 said:

Is the protester also the incumbent?

Regardless of the answer to the above, you can file as an intervenor in the case -- if you did, your attorney would have immediate knowledge of the protester's and the agency's filings, and could make filings of its own.  It might be best is you used outside counsel to get more complete access to the record.

No the protestor is not the incumbent.  And we did file as an intervenor.  The GAO protest was specific to the size standard concern.

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19 hours ago, obinnae said:

must the govt tell us WHY they are T4C?

Well it might be a more intricate question than one might assume as I wonder how being an intervenor, or not, plays out with regard to either a FOIA or GAO's disclosure policy or both?  Expert counsel in either of the policies would give you a more succinct answer, as I am just wondering. 

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Received the following today...guessing we have zero legal recourse? 


Unfortunately this is consistent with the rumors we heard which were:  The CO took a meeting with the unhappy vendor post award, against the govt's legal advice last week.  Several days later, the CO determined there was 'new scope' that the government hadn't factored in FOR THE ENTIRE YEAR WHICH THEY HAD THE PROPOSALS TO RE-EVALUATE.  But suddenly, two weeks post award and post meeting with unhappy vendor, came to realize these new requirements:


Dear XXX


Since the release of (PWS) for XXX, there have been a series of changes that have necessitated the organizational restructuring and reorganization of XXX to address the new demands.  As a result, the XXX PWS, as written, requires updates to also address and incorporate these new demands which are having a profound impact on how the federal government operates and YYY changes to meet the new challenges.  Accordingly, XXX has determined that it is in the Agency’s best interest to terminate the award to YYY, cancel the current requirement/solicitation for XXX, and reassess the Agency’s procurement strategy.  Due to the terminated award and cancelled requirement, YYY is not offering debriefings...."

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15 hours ago, ji20874 said:

You should ask an attorney for legal advice.  If you used a attorney to file as intervenor on your behalf, that might be a good place to start.

Well of course.  Attorney says we're dead in the water :(.  Was hoping for any alternative ideas.  Hopefully I am not beyond help per Vern :).    Thank you!!!!!

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