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Contract analysis / letter-opposing-extension-request.docx
letter-opposing-extension-request.docx
High · 0
Medium · 3
Standard · 1
I. BACKGROUND AND PROCEDURAL HISTORY
Medium
⚑ Notice / time limit to track
I. BACKGROUND AND PROCEDURAL HISTORY Whitmore filed this protest on September 26, 2023, within ten (10) days of the enhanced written debriefing conducted by the Agency on September 22, 2023, pursuant to 10 U.S.C. § 3304. The protest was therefore timely filed within the deadline prescribed by 4 C.F.R. § 21.2(a)(2). The Government Accountability Office issued notice of the protest to the Air Force on September 27, 202
II. THE AGENCY'S EXTENSION REQUEST
II. THE AGENCY'S EXTENSION REQUEST On October 16, 2023, Captain Hargrove filed a request on behalf of the Agency seeking a twenty (20)-day extension of the Agency Report filing deadline. Under GAO's standard scheduling order, the Agency Report would otherwise be due on or about October 30, 2023 — approximately thirty (30) days from the date of GAO's protest notification to the Agency on September 27, 2023. If the Age
III. ARGUMENT
Medium
⚑ Notice / time limit to track
III. ARGUMENT A. The Requested 20-Day Extension Would Jeopardize the 100-Day Statutory Decision Deadline Under 31 U.S.C. § 3554(a)(1), GAO is required to issue its decision on a protest "not later than 100 days after the date the protest is filed." The protest in this matter was filed on September 26, 2023, establishing a statutory decision deadline of approximately January 4, 2024. This 100-day clock is not merely a
IV. PREJUDICE TO WHITMORE
Standard
⚑ Commercial term
IV. PREJUDICE TO WHITMORE The requested extension, if granted, would cause concrete and particularized prejudice to Whitmore. Whitmore is a large defense manufacturer headquartered in Huntsville, Alabama, with approximately $214.6 million in fiscal year 2022 revenue and approximately 1,350 employees. The contract at issue — an IDIQ with a $387.5 million ceiling value over a five-year ordering period and a guaranteed
V. REQUESTED RELIEF
Medium
⚑ Liability cap to check against exposure
V. REQUESTED RELIEF For the foregoing reasons, Whitmore respectfully requests that GAO deny the Agency's request for a twenty (20)-day extension of the Agency Report filing deadline in its entirety, and direct the Agency to file its Agency Report on or before the current deadline of approximately October 30, 2023. In the alternative, should GAO determine that some additional time is warranted, Whitmore requests that