FAR Update Includes General Guidance to Acquisition Officials on COFC Bid Protests
Providing additional regulatory guidance to acquisition officials about protest procedures is a positive development, and procuring agencies, protesters, and other interested parties should reap benefits from it. Increased familiarity with COFC’s rules and increased involvement of legal counsel should lead to a more efficient protest process and could improve protest outcomes, particularly those from the COFC. For example, while the COFC’s rules require Federal agencies to produce the entire administrative record during the proceedings (for the purpose of providing access to all relevant documents and facts the agency relied upon to inform the COFC’s resolution of the case), experienced bid protest counsel know that agencies do not always fully comply with this requirement. Many times, key documents are produced piecemeal late in the proceedings or are not produced at all. If contracting officials take this rulemaking to heart, they will be empowered to comply fully with the COFC’s procedures, even when burdensome. This, in turn, may lead to decisions from the COFC that are based on a more comprehensive understanding of an agency’s procurement process and the basis for its source selection decisions.
* The Council did not issue a formal proposal rule or solicit public comment, because it determined that the rule merely affects internal government operating procedures and thus does not trigger the Office of Federal Procurement Policy requirements in 41 U.S.C. § 1707.
New GSA Sales Reporting Rule Eliminates Onerous Price Reductions Clause and Commercial Sales Practices Disclosure Requirements for Participating Contractors
On June 23, 2016, GSA published a much anticipated final rule that amends the General Services Administration Acquisition Regulation (GSAR) to implement new transactional data reporting...24 June 2016
Stacy Hadeka and Allison Bender also contributed to this report.19 May 2016