GSA Overrides CICA Stay and issues “Notice to Proceed” on OASIS, despite two pending Small Business Protests at GAO

Two firms, Nexagen, Inc. and LinTech Global, Inc., have filed Procurement Integrity Act (PIA) Violation Protests at GAO, B-408685.15 & B-408685.17, alleging un-redacted source selection material was released publicly by GSA OASIS contracting officer Tommy Thomas. These firms have posited that it was as a result of GSA’s disclosure that several firms became apparent awardees.

They are requesting that GSA cancel solicitation no. GS00Q-13-DR-0002, and all awards made to date, in order that the solicitation may be re-competed.

Yet, according to its website post dated June 25, 2014: : , On June 20, GSA issued the Notice to Proceed (NTP) for OASIS Small Business (SB).

The Procurement Integrity Act, 41 U.S.C. § 423(a) (2006), prohibits any present or former official of the United States, with respect to a federal agency procurement, from “knowingly” disclosing contractor bid or proposal information or source selection information before the award of a federal agency procurement contract to which the information relates. The statute defines source selection information to include bid and proposal prices, source selection and technical evaluation plans, technical and cost/price evaluations of proposals, competitive range determinations, rankings of bids/proposals, and reports/evaluations of source selection panels, boards, or advisory councils. 41 U.S.C. § 423(f)(2). Ref Case(s): Kellogg Brown & Root Services, Inc., B-400787.2; B-400861.

The Voice of Small Business in America (VSBA): has confirmed that both Protesters did file not later than 10 days after the basis of the protest is known or should have been known or within 10 days of debriefing as required by 4 C.F.R. § 21.2(a)(2).

Under CICA Stay, 31 U.S.C. 3553(c) and (d), an Agency may not award a contract after notice of pending protest, and the Head of Procuring agency must notify GAO if it intends to override the Stay.

Apparently, neither the GAO nor the GSA advised the Protesters of this intent to override.

Stay tuned, more to come.


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