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Protest Decision B-285164.3 (N&N Travel)
By David Chittenden on Monday, September 11, 2000 - 04:39 pm:

Having trouble digesting this one; anybody care to explain this decision in plain English? I'm hearing from some small business advocates that this decision should cause changes in how we conduct our GSA acquisitions; that whenever we can logically conduct an open market small business set-aside, we should in lieu of using the GSA schedules. This is a terrifying thought! I guess we would need a re-write of FAR 8.001 huh? Is this decision merely an anomaly?


By joel hoffman on Monday, September 11, 2000 - 06:29 pm:

I think there are at least two key points.

GSA and DOD specifically stated that DOD did not intend to use the GSA contracts at the time they were awarded, then later did. Small Businesses were allowed to protest the GSA contracts, after award because of that change in stated policy.

Travis AFB should have performed acquisition Planning and Market Research to assure itself that there weren't two or more qualified SB's available to compete for a SB set-aside - before turning to the GSA contract. They probably could have used it if they had and found no available Small Businesses.

Happy Sails! Joel


By bob antonio on Monday, September 11, 2000 - 09:25 pm:

The decision is more clear if only the six paragraphs preceding the recommendation are read. Once you walk past all the procedural issues thrown at the Comptroller General, it is a simple "bundling" and "market research" issue.

The previous unbundled solicitation received offers from 9 small businesses.

Joel has it covered.


By L. Moore on Wednesday, September 20, 2000 - 02:06 pm:

Actually,I've been expecting small business protests along the lines of bundling and perhaps circumvention of the Small Business Act since GSA has gotten more and more into "nontraditional" types of schedule contracts. I think David is right to suggest we may see a rewrite of Part 8 in the near future. I don't work with schedule contracts much, but I was surprised recently when one of our PMs wanted to use one of the new environmental services contracts now on schedule. We routinely set this type of work aside for SB but he wanted to use a LB off the schedule. The surprise came when I learned that the FAR does not require any kind of set-aside when using the GSA schedules.


By CAPT MERCY on Wednesday, September 20, 2000 - 03:06 pm:

IF YOU CHECK THE FAR AT 8.404 (B) (6) YOU WILL FIND THAT WHILE NOT REQUIRED,CONSIDERATION OF SOCIO-ECONOMIC PROGRAM GOALS ARE CERTAINLY ENCOURAGED. THIS IS ESPECIALLY IMPORTANT AS IT IS THE ORDERING OFFICE NOT GSA WHICH IS CREDITED WITH SOCIO-ECONOMIC PROGRAM ACCOMPLISHMENTS. ALONG THESE LINES I ALSO THINK I READ SOMEWHERE THAT MICRO PURCHASE IS GOING BACK TO SMALL BUSINESS.

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