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14, 1996) (“We find that the record here supports the agency’s determination to use negotiated procedures rather than sealed bidding on the ground that the award will not be based on price alone.”); FAR 6.401. [23] B-412729 , 2016 CPD ¶ 88, at 2-3 (Mar. 14, 2016); Loc Performance Products, Inc., 2305(b), and FAR 6.401(b). [22]
Price , the Supreme Court stated that “[p]rivate persons, jointly engaged with state officials in the prohibited action, are acting ‘under color’ of law. Price, 383 U.S. 512, 515 (2016). [67] 17] Further, since the GovCon Order was issued pursuant to FPASA, if a contract does not fall within the ambit of FPASA (e.g., 49] See id.
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