Potential Subcontractor Protests
Started by Guest RIPIDIQ · Nov 12, 2010 · 1 replies
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Guest RIPIDIQ
Nov 12, 2010 · 15y ago
An acquisition strategy being contemplated would designate the prime contractor to conduct a competition for a major substystem, which the prime would integrate into the platform. Program acquisition strategies shall document the rationale for the selection of the planned subcontract tier or tiers, and that prime contractors give full and fair consideration to qualified sources other than the prime contractor for the development or construction of major subsystems and components of major weapon systems (from DAG). What recourse does a losing potential subcontractor have when the prime contractor does not select the firm? Are you aware of any GAO cases in which a potential subcontractor protested the decision of the prime? Can the losing firm protest the government?s acquisition strategy to allow the prime to conduct the competition?
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Guest Vern Edwards
Nov 12, 2010 · 15y ago
See the GAO's bid protest regulations, 4 CFR ? 21.5(h):
Subcontract protests. GAO will not consider a protest of the award or proposed award of a subcontract except where the agency awarding the prime contract has requested in writing that subcontract protests be decided pursuant to ?21.13.
See also 4 CFR ? 21.13:
(a) GAO will consider protests concerning awards of subcontracts by or for a Federal agency, sales by a Federal agency, or procurements by agencies of the government other than Federal agencies as defined in ?21.0( c) if the agency involved has agreed in writing to have protests decided by GAO.
(
The provisions of this part shall apply to nonstatutory protests except for the provision of ?21.8(d) pertaining to recommendations for the payment of costs. The provision for the withholding of award and the suspension of contract performance, 31 U.S.C. 3553( c) and (d), also does not apply to nonstatutory protests.