Medline Industries, Inc., Concordance Healthcare Solutions, LLC v. U. S. and Cardinal Health 200, LLC and Owens & Minor Distribution, Inc., Nos. 21-1174 & 21-1098, August 9, 2021

Started by Moderator · Aug 10, 2021 · 3 replies

  1. M

    Moderator

    Aug 10, 2021 · 4y ago

    Original post

    Judge David A. Tapp, Court of Federal Claims.

    Quote

    If there can be a literary analogy to this government procurement, it would be Longfellow’s The Wreck of the Hesperus which chronicles a prideful sea captain’s avoidable downfall on the rocks of Norman’s Woe.  Like the experienced crew of the Hesperus, agency personnel warned of the perils of a plotted course and when ignored, “[d]own came the storm and smote amain, the vessel in her strength” leaving behind only a “dreary wreck” awash upon the shoals.

  2. V

    Vern Edwards

    Aug 10, 2021 · 4y ago

    On page 3 the court refers to a new concept: "Schrödinger's procurement."

  3. h

    here_2_help

    Aug 10, 2021 · 4y ago

    Vern Edwards said:

    On page 3 the court refers to a new concept: "Schrödinger's procurement."

    Right. Because the protesters were required to submit proposals for the same procurement(s) they were challenging, in terms of scope and corrective action related to prior protests. 

    This is insanity. But y'all already knew that.

  4. M

    Moderator

    Aug 11, 2021 · 4y ago

    Ahh, our 3 central suppliers with Moe sitting this one out.  Curly and Larry got entangled with two forums for protest--an administrative body (Abbot) and the court system (Costello).  Of course, that's not enough.  Abbot's second-guessers who are called evaluators stirred things up too.

    On p. 3, the judge described an agency action as:  That request added bedlam to already existing chaos.

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