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3.6.3 Task Order Level Protest - update #505

Open ekidenda opened 4 months ago

ekidenda commented 4 months ago

note This should be prioritized above other tickets.

A new OASIS+ Ordering guide update was completed as of 5/31 and warrants a change in the language related to section: 3.6.3 Task Order Level Protest - Please refer to the change management register to see the FROM and TO language. Marking Column F in the register with published to website date will close the tasker. Thanks

link: https://docs.google.com/spreadsheets/d/1o8HTBHHaLymHzFRmJY9GgwHFPvD8h_36AHG1nSti7wM/edit#gid=0

ekidenda commented 4 months ago

Sharing a link to the OASIS+ Ordering Guide Change Register - I was not able to edit the ticket to add it there or under descriptions above as that is disabled for me, thanks: https://docs.google.com/spreadsheets/d/1o8HTBHHaLymHzFRmJY9GgwHFPvD8h_36AHG1nSti7wM/edit#gid=0

rosamundtgov commented 4 months ago

buyers-guide/award-task-order

Original:

[h3] Task Order Level Protests

Task order protests are the responsibility of the specific agency which solicited the task order (GSA is only responsible for GSA-solicited task order protests.) FAR 16.505 (a)(10) prohibits protests under FAR subpart 33.1 in connection with the issuance or proposed issuance of task orders or delivery order contract, except for:

A protest on the grounds that the order increases the scope, period of performance, or maximum value of the contract; or For agencies other than DoD, NASA, and the Coast Guard, a protest of an order valued in excess of $10 million (41 U.S.C. 4106(f)); or For DoD, NASA, or the Coast Guard, a protest of an order valued in excess of $25 million (10 U.S.C. 3406(f)).

Updated:

[h3] Task Order Level Protests

All protests at the task order level are handled by the agency soliciting the task order. FAR 16.505(a)(10) prohibits protests under FAR 33.1 in connection with the issuance or proposed issuance of task orders against a MAC except for:

Note: For purposes of determining the applicable dollar value threshold for GAO’s jurisdiction to hear protests in connection with the issuance of a task or delivery order, GAO analyzes the statutory authority (i.e., title 10 or title 41 of the United States Code) under which the IDIQ contract was established, rather than the authority applicable to the agency that issued the task or delivery order. Thus, because OASIS+ is a civilian agency IDIQ contract awarded by GSA, the minimum protest threshold for all orders under OASIS+ is $10M in accordance with as stated in FAR 16.505(a)(10)(i)(B)(1). Reference Matter of Intecon LLC; B-422124.2; April 22, 2024.

rosamundtgov commented 4 months ago

@ekidenda can you confirm where you want the text to link? I made a couple of assumptions (FAR 16.505(a)(10), etc.) but I think there are more.

ekidenda commented 4 months ago

@rosamundtgov the ordering guide doc has now been been updated with the hyperlinks. Please see them here on page 23/24. Thanks.

rosamundtgov commented 4 months ago

@PowderD @ekidenda this is ready for your review https://federalist-76c8d2ee-2655-47f7-8fa4-63811842d0a5.sites.pages.cloud.gov/demo/gsa/oasis-plus/oasis-plus/buyers-guide/award-task-order/

PowderD commented 4 months ago

@rosamundtgov This is good to go. Moving over to done