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The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies, the Government Accountability Office (GAO), and the Court of Federal Claims (COFC). 22, 2004, 2005 CPD ¶ 71.
However, a ‘twin’ provision can be found in Article 41 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p.
(Regarding this GAO decision, the Joint Notice notes that GAO interpreted the SBA rule without addressing National Industrial Security Program (NISP) requirements and 32 CFR 2004—or how the two interconnect—“thus adding to the confusion.”)
Rather, CICA provides that a required debriefing is only available where competition/award is “on the basis of competitive proposals[.]” [16] “The term ‘competitive proposals’ is not defined by Bid Protest Regulations, nor is it expressly defined by statute or regulation.” [17] It uses the term offer, not bid or quote. 3703 , 10 U.S.C.
Bank of Boston, supra (“When risks of a future downturn increase, even with an unchanged modal path for the future course of monetary policy, there can be a ‘flight to quality’ that bids up the price of long-term Treasury bonds and lowers their yield. Thus if a recession materializes, it will be correlated with the inverted yield curve.”). [20]
2004) (That the purpose of a cooperative agreement is assistance and not procurement is not dispositive of the determination of whether a cooperative agreement is a contract.). In 2011, HUDD re-solicited and re-competed administrative services contracts, leading to multitude of bid protests. 2004); see also 31 U.S.C. 2, 2020).
Circuit”) has stated that “a broad original competition may validate a broader range of later modifications without further bid procedures.” [62] contract reformation due to mistake, or breach of the implied-in-fact contract to treat a bid/proposal fairly ). Further, there is more leeway with the extent of a mod. 54] DLAD 16.203-2. [55]
27, 2021) that interpreted the SBA rule without addressing NISP requirements and 32 CFR 2004 or how the two interconnect, thus adding to the confusion.” DoD thinks that JVs don’t have to have this clearance when they bid, only by the time they begin performance. It appears that DoD is referring to a requirement in 32 C.F.R.
Bid Solve, Inc. However in 2004, this provision was rescinded, and replaced by the cited provision in this blog above which indicates that information other than tax returns may be used only when tax returns are unavailable. United States ex rel. CWS Mktg Grp, Inc. 3d 53, 50-60 (DDC May 18, 2023).
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