The results of this GAO protest includes an interesting thought. Should a sole-source J&A be approved before the results of a pre-solicitation notice are known? According to the decision,
We think agencies undercut their credibility when they prepare and execute
sole‑source J&As on the basis that there is only one responsible source
available, before the time they have received expressions of interest and
capability from potential offerors.
The writers of the decision admit that it is probably not a violation of procurement law but, doing the J&A first
...may increase the risk that an agency’s market survey, and other bases for its
sole-source decision, will ultimately be shown to be unreasonable.
It makes sense. It would seem less than fair to say there was only one source before using all the tools of market research, including the presolicitation notice.
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