GAO says it hands are tied on compelling CICA Stay for GSA OASIS until after it rules on Protest…

GAO does not administer the requirements to stay award or suspend contract performance under CICA. 31 U.S.C. secs. 3553(c), (d); 4 C.F.R. sec. 21.6. The only time we consider an agency’s override of a CICA stay is in the context of recommending a course of action where we sustain a protest, see, e.g., Exelis Systems Corporation, B 407111.5 et al., May 20, 2013, 2013 CPD ¶ 123 at 14-16, but we have made no conclusions on your protests at this point. Otherwise, whether or not to suspend or proceed with contract award or performance is left to the procuring agency’s discretion under CICA. See 31 U.S.C. secs. 3553(c), (d).

Pedro Briones, as stated to Mssrs. Bob Freeman of Nexagen & Michael Lin of LinTech regarding the GSA override of CICA Stay provision on B-408685.15 & B-408685.17. A ruling on both Protests by GAO is expected in late July.


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