CPA, The Association for Contract Packagers and Manufacturers’ Post

Procurement Licensing Requirement Enjoined As Unduly Restrictive of Competition One of the fundamental principles of federal procurement is that solicitations must allow for full and open competition. Solicitations may include restrictive requirements only to the extent they are necessary to satisfy an agency's legitimate needs or as otherwise authorized by law.  The U.S. Court of Federal Claims recently enjoined a federal agency from proceeding with a solicitation after finding that certain solicitation requirements ran afoul of this principle. The United States Coast Guard issued a solicitation for the overhaul and repair of aircraft propeller components. The solicitation required that the contract awardee be a licensee of the Original Equipment Manufacturer (“OEM”) of the propellers. The incumbent contractor filed a pre-award protest challenging the terms of the solicitation. According to the protester, the license requirement was unduly restrictive because the USCG failed to show how it was necessary to meet the USCG’s minimum needs.  According to the USCG, the OEM license was necessary to allow for the highest possible access to proprietary repairs, technical information, and other benefits. However, the court found there was no support for the USCG’s conclusion that an OEM license actually provided these benefits. The court reached this conclusion because the OEM entered into unique license agreements with differing terms. As a result, simply requiring an offeror to be an OEM licensee meant little without additional context. Additionally, the court noted that the government admitted that it never viewed an actual OEM license agreement and that it did not actually know what exactly was included in the sole OEM license agreement that existed for propeller system repairs. In sum, because access to repairs and data were seemingly different in any given OEM license agreement, the court concluded that the USCG did not act rationally in requiring the contractor to be an OEM licensee. Moreover, the court further concluded that, because the USCG did not actually understand what capabilities were inherent to an OEM licensee, placing the OEM license requirement in the solicitation was unreasonable, especially where—as here—that requirement limited competition. After finding that the USCG’s error of irrationally including the OEM license requirement in the solicitation prejudiced the protester, the court enjoined the government from proceeding with the solicitation at issue unless and until the OEM license requirement at issue in this case is removed or the government is able to justify that the inclusion of such a provision is necessary to meet its minimum needs. #procurement #governmentcontracts #competition

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"how many bristles are in the toothbrush?" This is one of the questions I had to answer when tendering to provide kids dental packs in my previous life. How did we find out? Well it came close to having to actually count the number of individual bristles in a child's brush, but we managed to get the information from the factory in China just in time... When running tenders, RFI's, RFP's, RFQ's, IDK's...(just kidding on the last one), think about the value to your business, and the time and effort it might take for the person or team on the other side who have to provide the information. I'd love to hear more stories from you about the random questions you have been asked. #procurement #rfp #rfq #tenders

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Epoxy Resin Market Size, Share & Trends Analysis Report By Application (Adhesives & sealants, Composites, Paints & Coatings, Electronic Encapsulation & Others, Others), By Type (Novolac (formaldehyde & phenols), Aliphatic (aliphatic alcohols), Glycidylamine (aromatic amines & ECH), DGBEA (bisphenol A & ECH), DGBEF (bisphenol F &ECH), Others), By End Use Industry (Building &construction, Consumer goods, Wind energy, Aerospace, Transportation, General industrial, Marine), By physical Form (Solid, Liquid, Solution), COVID-19 Impact Analysis, Regional Outlook, Growth Potential, Price Trends, Competitive Market Share & Forecast, 2022 - 2028. 𝐈𝐌𝐈𝐑 𝐌𝐚𝐫𝐤𝐞𝐭 𝐑𝐞𝐬𝐞𝐚𝐫𝐜𝐡 #Note: The above outline provides a general structure for the content. You may modify and expand it based on the specific requirements and available information. Get This Report at Discounted Price: https://lnkd.in/debaUr88 Top Market Players: BASF Adhesives Technology Corp. Aditya Birla Chemicals Alchemie Asahi Kasei Atul Ltd Chang Chun Group CIECH Group Covestro CVC Thermoset Specialties, Inc. Cytec Solvay Group DAICEL CORPORATION DIC Corporation Dow DuPont Eastman Epic Resins Epoxy Europe Evonik Hexion Inc. Huntsman Corporation Kemipex Kukdo Chemical Co., Ltd. Innospec Leuna GmbH Macro Polymers Pvt. Ltd. - India Mitsubishi Chemical Group Mitsui Chemicals Group Momentive Momentive Specialty Chemicals Nagase & Co., Ltd. NAMA Chemicals Company Nan Ya Plastics Olin