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You are here: Home / Government Contracting News / Commercial item provisions in Schedule contracts upheld in bid protest appeal

March 17, 2015 By AMK

Commercial item provisions in Schedule contracts upheld in bid protest appeal

CGI Federal has prevailed in a bid protest fight it took to the U.S. Court of Appeals, and the court’s ruling has implications beyond a single company.

The Professional Services Council filed an amicus brief supporting CGI because the issue dealt with the need for GSA schedules to follow the same commercial item provisions as any other type of government contract.

This sequence of events that raised the issue began in February 2014 when CGI Federal and HealthDataInsights Inc. filed pre-award protests on a Center for Medicaid and Medicare contract to collect overpayment. Both companies were incumbents when CMS released the solicitation for the new contract.

CGI and HealthDataInsights argued that CMS had changed the solicitation in a way that restricts competition and violates current laws and regulations—specifically that it does not follow the commercial practices laid out in part 12 of the Federal Acquisition Regulation.

Keep reading this article at: http://washingtontechnology.com/articles/2015/03/11/appeals-court-psc-win.aspx

Read more at: http://www.globalregulatoryenforcementlawblog.com/2015/03/articles/government-contracts/far-part-12-applies-to-cms-orders-on-federal-supply-schedule-contract

Filed Under: Government Contracting News Tagged With: appeal, bid protest, commercial item, FAR, GSA Schedule, U.S. Court of Appeals

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