Federal Procurement Framework
By Michael R. Baran
LEG 440: Procurement and Contract Law
Instructor: Dr. Masheika Allen
17th of July 2011
Federal Procurement Framework
We need to how the Federal Procurement Framework is suppose to work. We need to have understanding of the protest framework, which are going to be the basic procedures, remedies and a discussion of who can bring a claim. Next we need to have an understanding of the sealed and competitive bidding process.
By filing a protest, the company is seeking an injection to prevent the government from proceeding with the solicitation because of their contention that it is unduly restrictive of ...view middle of the document...
The reviewing of documents by the counsel is rarely being permitted and the procedures are going to vary from agency to agency. When protests come in front of the GAO, there are three basic filing deadlines that have been established. The first deadline that is for any protest that is being based upon the alleged solicitation improprieties which are being apparent before the bid is being to be opened The second deadline is going to be dealing with any other protest that is going to be filed no later than 10 days after the basis of the protest. The third deadline is going to be when the protestor which has previously filed in a timely manner of an agency protest.
The protester may have requested the GAO to reconsider the protest decision. The request for the reconsiderations needs to go through the GAO the protester needs to provide copies to all parties by 10 days after for it to be able to be reconsidered. With the filing of reconsideration it does not require the agency to stop the contract award or suspend the contract timeline. The GAO might deny the request because of the repetition of the arguments that are being made during the first protest along with statements of disagreement when dealing with decision.
Now we have to deal with remedies of a protest. According to (Government Contract Guidebook – Fourth Edition – Steven W. Feldman – Thompson West – 2007, pg. 200) “The GAO may, if it determines that the protested solicitation, proposed award, or award does not comply with a statute or regulation, recommend that the agency (a) refrain from the exercising options under the contract, (b) immediately re-compete the contract, (c) issue a new solicitation, (d) terminate the contract, (e) award a contract that complies with statutes or regulations, (f) take any combination of the above actions, or (g) implement other recommendations the GAO determines necessary to promote compliance.” When the GAO has concluded that our protest has merit because the agency did not meet the statutes or the regulations, the GAO might recommend having the agency to pay the protester.
Now we are going to be dealing with seal bids. When dealing with seal bids there are several things that need to be done. We have an invitation for bids, preparing for the bid, bid opening, late bids, eligibility for award, mistakes in bids, contract award, and two-step sealed bidding. By using sealed bids, they are routine construction, when trying to renovate or repair a building, also dealing with noncomplex services. When we are dealing with seal bids, there is going to be very little room for any type of mistake when trying to consider the comparative merit of a particular company or goods or services. The sealed-bid processing is down when the bids are submitted, they are suppose to be open at a designated time and location. Once all the bids have been opened and they have tabulated, the contract will be awarded to the lowest responsible...