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Brian Kemp, Brian Robinson No Bid Contract Protest
Brian Kemp, Brian Robinson No Bid Contract Protest
someone with extensive experience and expertise of the press and communication, I too am
knowledgeable and qualified for this contract award. A typical example of a sole source award
is a Humvee vehicle there is only one such vehicle and it is needed for certain situations. In
contrast to the example of a sole source for a Humvee, the Secretary of State is attempting to
purchase a car and says that a Honda Accord is the only type of car that exists and could meet the
Secretarys needs despite numerous options for vehicles other than a Honda Accord. Just like the
Honda Accord, the present sole source award attempt is not a proper sole source award because
there are numerous people, myself included, who could perform the services necessary for this
contract. Indeed, Section 2.3.2.1 of the Georgia Procurement Manual warns against situations
just like this: Sound procurement practice requires that a sole-source purchase occur when it is
the only option and not as an attempt to contract with a favored service provider or for a favored
good. (emphasis added). Therefore, this sole source award should be canceled and the contract
not awarded to Robinson Republic, LLC.
The second basis for this protest is that it was not advertised for the required length of time.
Section 2.3.2.2 of the Georgia Procurement Manual requires that this sole source award must be
posted for a minimum of five business days. The Georgia Procurement Manual requires that If
the estimated contract value is $25,000 - $249,999.99, the notice is to be posted for a minimum
of five (5) business days. The present contract is for $72,000 so it must be posted for five days.
This contract was posted for only four business days. Per the Georgia Procurement Registry1,
this sole source was posted on December 22. Thus, the first business day counted is December
23. See O.C.G.A. 1-3-1(d)(3) (Except as otherwise provided by time period computations
specifically applying to other laws, when a period of time measured in days, weeks, months,
years, or other measurements of time except hours is prescribed for the exercise of any privilege
or the discharge of any duty, the first day shall not be counted but the last day shall be counted . .
. .) (emphasis added). Likewise, December 24 and December 25, which were legal State of
Georgia holidays,2 are not counted in the computation of time because the period of time
prescribed 5 business days is less than seven days. See O.C.G.A. 1-3-1(d)(3) (When the
period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal
holidays shall be excluded in the computation.) (emphasis added). Thus, the day count is as
follows:
December 22 date of posting, does not count
December 23 first business day
December 24 does not count, legal holiday
December 25 - does not count, legal holiday
December 27 second business day
1
http://ssl.doas.state.ga.us/PRSapp/PublicBidNotice?bid_op=164780047800-121-5
http://team.georgia.gov/wp-content/uploads/2014/08/2015-GA-State-Holidays.pdf