Overriding a Stay

Who wants to override the stay?  
.     (A) Agency executives at the top; or
.     (B) Workers at the bottom.

If (A), there are no disadvantages.  It is legal.  The GAO will report the override to the Congress in its annual report.

If (B), the only disadvantage is the difficulty of pushing your package up the chain for approval.

EML said:

Any disadvantages of attempting to override a Stay due to a Protest in accordance with FAR 33.104c(2)(i) if you feel your requirement meets the requirements?

The mechanics of overriding is as noted in a previous post.   I see these as possible disadvantages if the mechanics are accomplished.

Possible protest of the stay to the Court of Federal Claims as in general decisions to lift can not be protested to GAO except in very certain circumstances.  Such a protest to USCFC will involve more work and the possibility that the USCFC will sustain the protest regarding overriding the stay.   If the override is not protested to GAO addressing the matter of the work not stayed should they, GAO, sustain the protest - example cancel procurement and start again.  And maybe even disregarding GAO's decision all together.   It is possible to do so generally speaking agencies usually do not.

Lots to think about!

EML said:

Any disadvantages of attempting to override a Stay due to a Protest in accordance with FAR 33.104c(2)(i) if you feel your requirement meets the requirements?

Mainly time and complications if you ultimately lose. Otherwise, no particular "disadvantage."

See the following:

Override of CICA Stays: A Guidebook, Version 3, June 2008

https://www.jagcnet.army.mil/Sites//contractandfiscallaw.nsf/0/9DE4D2C744ABFC3F85257B42004536AC/$File/CICA Override Guidebook _June 08_.pdf

Ensuring CICA Stay Overrides Are Reasonable, Supportable, and Less Vulnerable to Attack: Practical Recommendations in Light of Recent COFC Cases, 2008

https://heinonline.org/HOL/LandingPage?handle=hein.journals/airfor60&div=5&id=&page=

Army Contracting Agency: CICA Automatic Stay Override Guide, April 2004

http://federalconstruction.phslegal.com/wp-content/uploads/sites/116/2007/09/CICA_Override_Guidebook.pdf

Google CICA Stay Override for more.