2005 New Years's resolution -- Post once a week (1st week not included).

Constructive notice sufficient to start protest clock

Agency posted notice of contract award on 17 December 2004 on www.fedbizopps.gov. Unsuccessful offeror filed protest with GAO at 9:00PM on 27 December 2004. GAO said untimely had to be filed by COB 27 December 2004 -- 5:30PM. CBMC, Inc.

It is not what the technical panel finds that counts; it is what the source selection authority knows or does not know that matters.
Protest is sustained where the SSA’s decision was based upon erroneous, misleading and undisclosed information in the possession of the Source Selection Evaluation Team (SSET). Also, when the evaluation team finds something in a proposal to be a “significant weakness” and discussions are held, the agency better have discussions about that significant weakness with the offer. Spherix, Inc.

If you order off the FSS the service must be on the FSS

GAO reminds us once again that when using the FSS to procure services, the services actually procured must be included in the FSS or a competitive procurement must be conducted.

“when concern arises that a vendor is offering services outside the scope of its FSS contract, the relevant inquiry is not whether the vendor is willing to provide the services that the agency is seeking, but whether those services are actually included in the vendor’s FSS contract as reasonably interpreted. If the quoted services are not listed on the vendor’s FSS contract, they cannot be purchased using FAR Part 8 procedures, but instead must be purchased using competitive procedures.”

American Systems Consulting, Inc.

Multiple-year vs. multiyear contracts

This GAO decision involving fiscal law issues contains an excellent discussion of the difference between an IDIQ contract and a “multiyear contract under section 254c.” The GAO also explains the difference between multiyear contracting and an IDIQ multiple-year contract and the importance when it comes to when funds must be obligated. This difference is often the subject for animated discussions during various classes. Please share this with others as this has potentially serious consequences beyond simply the “contracting” area. “Antideficiency Act.” Bureau of Customs and Border protection – Automated Commercial Environment Contract

Interesting article posted on WIFCON.com on how Government agencies are improving their rate of recovery by using online auctions to dispose of government property.

Same source has an article by Dr. Gansler on the impact on Federal employees from competitive sourcing.

Numerous new continuous learning modules posted on the DAU website Continuous Learning Center.

Finally, if you have the time and the interest, the Report of the Independent Review Panel regarding the September 8, 2004, 60 Minutes Wednesday segment [CBS report by Dan Rather on President Bush’s National Guard Service] makes for good reading. One can easily draw some parallels to the contracting process of how some strong willed individuals focuses on achieving an objective to cause others not to fully work their way through established processes.