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An analysis of federal Head Contracting Authority (HCA) decisions regarding overrides of statutory stays of contract award and continued performance resulting from bid protests

Brooks, Robert A., Jr.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Tipo: Tese de Doutorado
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Approved for public release, distribution is unlimited; This research examines the Federal agency source selection process within Federal contracting agencies by conducting an analysis of Federal Head Contract Authority (HCA) decisions to override the required statutory stay of contract award and performance, in accordance with the Competition in Contracting Act (CICA) of 1984, resulting from bid protests. This thesis includes an analysis of the Government Accounting Office (GAO) Comptroller General of the United States findings and independent research data with respect to Federal agency decisions concerning suspension of contract award and continued performance resulting from pre-award and post-award bid protests. This research evaluates the effectiveness of the Federal agency source selection process via an analysis of HCA and GAO decisions concerning suspensions of contract awards as a result of pre-award bid protests within the previous seven fiscal years. This research also evaluates HCA and GAO justifications for continued contract performance despite post-award bid protests within the previous seven fiscal years. The objectives are to determine if Federal contracting agency decisions are justified because of the source selection process being executed as designed...

Analysis of General Accounting Office, Armed Services Board of Contract Appeals, and Federal Court of Claims decisions on disputes involving performance specifications

Murphy-Sweet, Philip A.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Formato: xii, 87 p. : ill. ; 28 cm.
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Approved for public release; distribution is unlimited; Approved for public release; distribution is unlimited; This thesis analyzed rulings and court cases from the General Accounting Office, Armed Services Board of Contract Appeals and Federal Court of Claims with respect to contract protests and disputes involving Performance Specifications. Performance Specifications generally leave the contractor open to decide the best means to accomplish the work of a contract and deliver the product called for in the contract. As compared with Design Specifications, which tell the contractor exactly the processes and materials that must be used to accomplish the task, Performance Specifications only specify the final product to be delivered and the parameters it will fulfill or operate within, and thus leave the contractor open to decide the best processes and procedures to accomplish the task. The use of Performance Specifications in the Defense acquisition process has been mandated from the Secretary of Defense since 1994. The intent in using Performance Specifications was to provide incentive to the contractor to become innovative and resourceful in performing the contract and hopefully, result in cost avoidances and savings to the Federal Government. This thesis will examine protests and disputes from the above sources to evaluate the use of Performance Specifications to date and compile any patterns of success or failure that can then be passed on to today's acquisition workforce.; Lieutenant Commander...