Court of Federal Claims vs. GAO - Amazon vs. IBM

Started by Pennybeth · Nov 13, 2013 · 1 replies

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    Pennybeth

    Nov 13, 2013 · 12y ago

    Original post

    I am curious to hear reactions to the decision by the US Court of Federal Claims (No. 13-506C) in Amazon Web Services v. US and IBM, in which the court decided that the corrective action taken by the agency upon GAO recommendation was irrational because the GAO recommendation was irrational. I am particularly interested in knowing if you think there are things the agency could have done in its contract documentation, or in presenting its arguments to the GAO, to have brought the GAO to a decision in its favor under the original bid protest. Or is this a case where there is a difference of legal opinion between the GAO and the court that would have put the agency in the middle no matter what it did in its source selection process and documentation thereof. If the latter, it surely shows that source selection is a process fraught with peril for contracting officers.

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    Fear & Loathing in Contracting

    Nov 18, 2013 · 12y ago

    When I read your post, the following quote immediately came to mind:

    "I know that you believe that you understand what you think I said, but I am not sure you realize that what you heard is not what I meant." by Robert McCloskey, State Department

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