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					Critical Decisions of GAO, BCAs
and the Courts in 2007

Breakout Session #1306
Terrence M. O’Connor, Special Counsel, Albo & Oblon LLP,
Arlington, VA
Date: April 15, 2008
Time: 3:20-4:20 PM




                                                           2
My selection process

• Highlights
• Solicitation process
• Contract administration




                            3
Highlights

• Critical role of the contracting officer
  – Appeals court re-asserts essential role of
    contracting officer in changes.




                                                 4
Highlights

• No unilateral changes in commercial
  item contract

• Check out agency’s authority to do deal




                                            5
Critical role of the contracting
officer
• Written contracting officer decisions
  must show thought!
  – Cannot parrot evaluation panel
  – Cannot be the boss’s decision
  – Cannot be thought-less




                                          6
Bad example of contracting
officer’s final decision
• VA contracting officer final decision was
  wrong three ways. Final decision:
  – Was the lawyers’ decision
  – Was a bargaining chip
  – Was not a smart decision




                                              7
Solicitation Process

• Win percentages at GAO
• CFC’s protest deadline changes
• FSS task order protests – using claims
  process instead




                                           8
Solicitation Process

• BPAs
• Responsibility or Responsiveness




                                     9
Contract Administration Process

• Success rate of claims at ASBCA
• Using claims process to challenge past
  performance rating




                                           10
Contract Administration Process

• Equitable adjustments
    • Markups for overhead and profit on an
      equitable adjustment are not limited to
      markups in the original bid.
    • Importance of good records




                                                11

				
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