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ASCM 650 PROF. LAWRENCE JORDAN III, ESQ. THE PROTEST

ASCM 650 PROF. LAWRENCE JORDAN III, ESQ. THE PROTEST

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ASCM 650Prof. Lawrence Jordan III, Esq.The Protest – What Can Be Protested?•••••The solicitation package (Request for Quotations, Request forProposals, Invitation for Bid); anything included in thesolicitation package.The way the government evaluated offers and bids.The way the government carried out discussions in a negotiatedprocurement.The government’s determination of responsibility of the winner.Picking the winner.Four Issues that Generally Get Protested•The reasonableness of the decision••Did the contracting officer use the stated evaluation factors?••A contract award must follow the stated evaluation factors.Did the contracting officer follow all the laws and regulations?••A contract award must be reasonable.The government has to follow procurement laws.Did the contracting officer adequately document the decision?•FAR 15.308 provides guidance on how a contracting officer shoulddocument the award decision.When Can Something be Protested?•The rule for filing of a protest depends on what is beingprotested. There are two choices: protest something in thesolicitation package and a protest of everything else.••The solicitation package: If a protester does not like something in thesolicitation package, he must protest prior to the time that the offers orbids are to be received.Everything else: If a protest doesn’t deal with the solicitation package,then it is a protest of “everything else.” The protest must be filed within10 days of when the protestor knew, or should have known, of thebasis for protest, with an exception for protests that challenge aprocurement conducted on the basis of competitive proposals underwhich a debriefing is requested and, when requested is required.How is Something Protested?•GAO Protests

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