Saturday, January 04, 2014
REF: B-408936 | Aljucar, Anvil-Incus & Co. @ www.gao.gov
We are in the process of filing a Request for Reconsideration with the GAO, but believe it will ultimately be necessary to file in the Court of Federal Claims (CoFC) – for which we are currently preparing. The risks of Joint Venturing is controlled by the free-market and by virtue of sound Operating Agreements, not by the government picking winners and losers… although it may be at their discretion, there is nothing reasonable about the GSA’s position and we believe the CoFC will indeed find that it does not pass the logical scrutiny test.
Besides subcontracting, Joint Venturing is the only way in which small and mid-tier firms can compete with Bigs in a free-market capacity – so we must press on.
The current GAO ruling seems contrary to certain executive guidance back to 2009 from the White House and OMB over standards to be considered in increasing competitiveness, in particular Public Law 111-240 (also known as the JOBS Act), SEC. 1312, which requires that all solicitations for multiple award contracts above an agency’s “substantial bundling threshold” (currently $5.5M for GSA, see FAR 7.104(d)(2)) include a provision “soliciting bids from any responsible source, including responsible small business concerns and teams or joint ventures of small business concerns.”
Neither I nor the attorneys we’ve engaged see that those standards were expressly applied by the agency or GAO in determining the adequacy of the market research cited. The ruling also seems to be directed to a non sequitur in regard to the proper scope of traditional competitiveness inquiry that the allowable “discretion” ought not cover. Nevertheless, we plan to vigorously pursue this matter on behalf of ourselves and those too big to be small and too small to be big.
Upon our filing with the Court of Federal Claims, the entire library of filings by both us and the government will be published to the Teaming X-change | www.teaming-exchange.com for public review once we receive the ruling on the request for reconsideration.
The post will include the actual business case and interviews conducted by GSA with agency personnel, Large and Small business owners. We are confident that the record made public will show that GSA, and particularly the GSA OASIS Deputy Director Todd Richards, fabricated the results in order insure that Bigs have a clear runway on the Unrestricted version without interference from Smalls or Mid-tiers.