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- GENERAL SERVICES ADMINISTRATION
- Washington, DC 20405
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- FIRMR BULLETIN C-26
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- TO: Heads of Federal agencies
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- SUBJECT: Vendor complaints and agency protests
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- 1. Purpose. This bulletin provides suggestions and guidance on how agencies may
- improve their procedures for reducing and resolving vendor complaints and agency
- protests of FIP resources contracting actions.
-
- 2. Expiration date. This bulletin contains information of a continuing nature
- and will remain in effect until canceled.
-
- 3. Contents.
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- Topic Paragraph
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- Information and assistance................................4
- Discussion................................................5
- Reducing vendor complaints and agency protests............6
- Processing vendor complaints and agency protests..........7
- Cancellation..............................................8
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- 4. Information and assistance.
-
- General Services Administration
- Acquisition Evaluation
- and Analysis Branch (KMAD)
- 18th and F Streets, NW
- Washington, DC 20405
-
- Telephone: (202) 501-4305 or FTS 241-4305
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- 5. Discussion. This bulletin was developed as a result of
- reviewing protests filed at the General Services Administration
- Board of Contract Appeals (GSBCA); holding discussions with agency
- and industry representatives; reviewing comments received from
- Federal agencies in response to a GSA letter; reviews of existing
- practices that are successful in various agencies; and reviews of
- acquisition issues that have been the basis for many GSBCA
- protests. GSA found through its reviews that agency procurement
- decisions that are well thought out and documented are more likely
- to be upheld.
-
-
- TC 90-1
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- FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATION
- APPENDIX B
- FIRMR Bulletin C-26
-
-
- This bulletin to provides suggested guidelines for reducing and
- resolving complaints and agency protests resulting from FIP
- resources contracting actions. The information in this bulletin is
- guidance and may be used in conjunction with Federal Acquisition
- Regulation (FAR) subpart 33-1 as it pertains to agency level
- protests.
-
- 6. Reducing vendor complaints and agency protests.
-
- a. Agencies should establish and periodically review their
- formal procedures for processing and resolving vendor complaints
- and agency level protests. The objectives of the procedures should
- be to:
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- (1) Build confidence in the agency's acquisition system.
-
- (2) Provide both the agency and the vendor maximum
- information regarding their respective positions.
-
- (3) Reduce the need to file protests at the GSBCA or the
- General Accounting Office (GAO).
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- b. Agency procedures should ensure compliance with acquisition
- regulations. Practices to be considered include:
-
- (1) Allowing sufficient time for acquisition planning to
- permit maximum practicable participation by industry.
-
- (2) Providing for review of acquisition plans,
- specifications, and solicitations by agency technical, contracting,
- and legal staffs prior to issuance and throughout the acquisition
- process. The reviews should:
-
- (i) Verify that requirements analyses, conversion
- studies, market surveys, analyses of alternatives, internal and
- external delegations of procurement authority, and other
- documentation are sufficient.
-
- (ii) Validate technical, management and workload
- requirements; verify that technical and workload requirements and
- evaluation criteria are consistent; and that requirements that may
- limit competition are justified.
-
- (iii) Consider the use of options for requirements
- that may not be generally available from industry.
-
- (iv) Verify that the evaluation process and contract
- file, including reviews of complaints and protests, are documented.
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- FIRMR Bulletin C-26
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-
- (v) Include a review before award to determine if
- there are complaints/issues that have protest potential.
-
- (3) Creating a contracting environment that encourages
- vendors to resolve complaints and protests at the agency level by:
-
- (i) Sending draft specifications or solicitations to
- industry for comment.
-
- (ii) Providing a contracting schedule that allows
- time for answering vendor questions and amending solicitations and
- allows vendors adequate time to respond.
-
- (iii) Giving consideration to complaints and protests
- to determine if they have merit. Taking corrective action as
- necessary.
-
- (iv) Conducting meaningful negotiations.
-
- (v) Treating all vendors equally.
-
- (vi) Permitting communications between agency
- officials and vendors by allowing vendors an opportunity to explain
- complaint and protest issues and agency officials an opportunity to
- explain their positions.
-
- (vii) Releasing maximum information allowable under
- law during vendor debriefings.
-
- (viii) Providing timely and informative notice to
- vendors eliminated from the competitive range.
-
- 7. Processing vendor complaints and agency protests:
-
- a. Resolve complaints and protests at the lowest possible
- organizational level, regardless of the level at which the
- complaints or protests are initially filed.
-
- b. Review and answer protests as soon as possible, usually
- within twenty to thirty workdays.
-
- c. Stay the award of a contract in those circumstances
- specified in the acquisition regulations.
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- FIRMR Bulletin C-26
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- d. Before a protest is denied, the protest issues and decision
- should be reviewed by an official above the contracting officer.
- Among the alternatives that agencies may consider for conducting a
- review above the contracting officer are an agency review panel;
- referral to a reviewer outside the contracting activity; or review
- by a solicitation ombudsman. The reviewer should:
-
- (1) Have access to technical and contracting expertise to
- review protest issues.
-
- (2) Have authority to make (or obtain approval for)
- changes in the contract action, if it is found that corrective
- action is appropriate.
-
- (3) Coordinate protest issues with agency counsel.
-
- 8. Cancellation. FIRMR Bulletin 71 is canceled.
-
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- Thomas J. Buckholtz
- Commissioner
- Information Resources
- Management Service
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