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

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Authors
Brooks, Robert A., Jr.
Subjects
CICA 1984
Bid protests
HCA override
Stay of award
Stay of continued performance
Source selection
GAO protest decisions
Contract law
Advisors
Tudor, Ron B.
Tudor, Rodney E.
Date of Issue
2002-12
Date
December 2002
Publisher
Monterey, California. Naval Postgraduate School
Language
Abstract
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, and to determine if agency judgments to continue performance are supporting the best needs of the Government.
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Thesis
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Format
xi, 67 p. : col. ill.
Citation
Distribution Statement
Approved for public release; distribution is unlimited.
Rights
This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.
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