Oyster

Recent posts

• Phased Approach, Phase 1 can only eliminate technically unacceptable?

  > > govt2310 said: > > > The way I see it, the agency in this hypothetical didn't put any "technical" factors in Phase 1, so how can the agency find any proposal "technically unacceptable"?  How is "

  in Contract Award Process · 2y ago

• Eliminating Bid Protests

  > > Fara Fasat said: > > > I am badly citing something I've read/heard before, but it says basically -- if you want to eliminate something, first you have to answer why it exists. In this case, why a

  in Contract Award Process · 2y ago

• Eliminating Bid Protests

  It was Section 804 of the House version of the FY 24 NDAA, but was not adopted in the Senate version, and was dropped.  See: [FY2024 NDAA: Department of Defense Acquisition Policy (congress.gov)](http

  in Contract Award Process · 2y ago

• Justification for Other Than Full and Open Competition (JOFOC)

  > > On 12/17/2023 at 9:56 AM, formerfed said: > > > I couldn’t get in either.  But I can see the 2022 version from the Library of Congress site  [https://www.loc.gov/item/2022676552/](http://JAG) Th

  in About the Regulations · 2y ago

• When the solicitation states the wrong FAR Part that the evaluation will be conducted under

  Ok, so it said "Subpart 8.4," when it should have said "Subpart 16.5," correct?  Further, despite this language, the agency used FAR Part 15 procedures.  I think we need to understand the "so what?" a

  in Contract Award Process · 2y ago

• Rationale for CO not providing conformed copy of contract?

  Mike,  Instead of asking for the "rationale" for the guidance, why not just ask for a copy of it?  Asking for a "rationale" is going to make someone have to critically think and then draft a response

  in For Beginners Only · 2y ago

• Eliminating Bid Protests

  One additional point on protest costs.  It would be helpful to know how much NIH ultimately paid out to protesters under the two CIO-SP4 protest decisions that were sustained in FY23: _Systems Plus_ a

  in Contract Award Process · 2y ago

• Eliminating Bid Protests

  Vern, that sounds like a fascinating paper, regardless of the inevitable pushback against it.  I've noticed that even a sensible tweak to the protest system, such as eliminating the "two bites at the

  in Contract Award Process · 2y ago

• SAM Registration and Government agencies

  > > dsmith101abn said: > > > I'm told by my finance/fiscal office there's not a mechanism to pay other federal/state/county/city organizations if there is no SAM registration. System limitation. Whet

  in For Beginners Only · 2y ago

• SAM Registration and Government agencies

  Niles -- Good question.  I think you need to be a little more specific though.  Are you talking about Federal Agency A entering into an Economy Act agreement with Federal Agency B?  ... Or, are you ta

  in For Beginners Only · 2y ago

• Changing the basis of non-award in the Agency Report? Or debriefings that hadn't included the real basis for non-award?

  Good point, Jamaal. Also, see Philips Healthcare Informatics, B-405382.2, May 14, 2012, 2012 CPD ¶ 220. It is mentioned in Footnote 1 of this article that appears to be on point to what you are seek

  in Contract Award Process · 2y ago

• Changing the basis of non-award in the Agency Report? Or debriefings that hadn't included the real basis for non-award?

  > > ax12901 said: > > > I think this is unfair as a protestor does not have the same opportunity/process to challenge new arguments after the Agency report, as it did when it originally filed its pro

  in Contract Award Process · 2y ago

• Price against FSS schedule/inconsistencies observed due to FSS schedule and award timing

  I agree with formerfed, who has provided an excellent analysis.   That said, I'm having a little difficulty following your fact pattern.  Is your commercial customer a "\[prime\] contractor placing

  in Schedules, GWACs, MACs, IDIQs · 2y ago

• Does FAR 13.5 override 15.506?

  C Culham makes a good point.  We can't answer this question definitively because we don't know what the solicitation actually said.  If it stated that FAR Part 15 procedures would be used, that could

  in About the Regulations · 2y ago

• Does FAR 13.5 override 15.506?

  Footnote 6 of a recent GAO protest decision is instructive.  See _DKMT Consulting, LLC,_ B-421223, January 12, 2023: The protester also asserts that the agency failed to provide it a debriefing. The

  in About the Regulations · 2y ago

• Contract Protest Diagnostic Tool - MITRE (In Partnership with ODNI)

  Great comments by all.  Thank you.  This is a timely discussion in light of the fact that GAO just released its FY23 bid protest report to Congress: [B-158766, GAO Bid Protest Annual Report to Congre

  in Contract Award Process · 2y ago

• Contract Protest Diagnostic Tool - MITRE (In Partnership with ODNI)

  I agree with you Voyager. When I was in the federal government, I was involved with a lot of protests over my long career. After the protest was complete, we were required to send up a lengthy (and

  in Contract Award Process · 2y ago

• Contract Protest Diagnostic Tool - MITRE (In Partnership with ODNI)

  Thanks, formerfed.  Good comments.  You raise an important question regarding which entity should ultimately be responsible for this capability.  Perhaps OFPP is the best fit, or perhaps OFPP could de

  in Contract Award Process · 2y ago

• Contract Protest Diagnostic Tool - MITRE (In Partnership with ODNI)

  I'm an independent consultant in private industry. Has anyone used the “Contract Protest Diagnostic Tool” website developed by MITRE (in partnership with the Office of the Director of National Intell

  in Contract Award Process · 2y ago

• Does the 5-year POP Limitation Include Extensions Pursuant to 52.217-8?

  The case cited by C Culham answers your question.  So, no, the five-year limitation on the base-plus-options from FAR 17.204(e) does not include the “option to extend services” (52.217-8) as stated i

  in About the Regulations · 2y ago