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awhinton

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About awhinton

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  1. CIO-SP3 GWAC JV Bid

    bf64815, With regard to your question C ), it has happened in at least one case on NIH CIO-SP3 SB. A small business was awarded the set-aside GWAC as a result of the original CIO-SP3 SB competition. Other than the minimum guarantee ($250), the small business received no task order awards. The contract was subsequently novated to a large business, and that large business has since received over $125M in funded task order awards under the small business GWAC. As others have suggested, talk to an attorney. There are apparently some pretty good ones out there.
  2. MATOC 8(a) set aside

    My company has a multiple award contract with the following condition tied to the minimum guarantee: "For each successful Contractor, irrespective of the number of Domains for which the Contractor has qualified, there will be a one time “minimum guarantee” award amount of $100,000 during the life of the contract. This amount can only be claimed at the end of the contract period, if the Contractor proposes on all Task Order RFTOP’s issued under their qualified domains during the 5 years." I don't like it. A few years into the contract with no task order awards and lots of B&P $ and effort expended (on some RFTOPs we absolutely KNEW we would not win), I can relate to Vern's comment "I would not compete for a MATOC that made response to RFTOPs mandatory..." Mandatory RFTOP responses--yuk!--don't do it to yourself or your contractors.
  3. Adding Options to a Contract

    This may help: 13 CFR § 124.514 Exercise of 8(a) options and modifications. (a) Unpriced options. The exercise of an unpriced option is considered to be a new contracting action. (1) If a concern has graduated or been terminated from the 8(a) BD program or is no longer small under the size standard corresponding to the NAICS code for the requirement, negotiations to price the option cannot be entered into and the option cannot be exercised. (2) If the concern is still a Participant and otherwise eligible for the requirement on a sole source basis, the procuring activity contracting officer may negotiate price and exercise the option provided the option, considered a new contracting action, meets all regulatory requirements, including the procuring activity's offering and SBA's acceptance of the requirement for the 8(a) BD program. (3) If the estimated fair market price of the option exceeds the applicable threshold amount set forth in §124.506, the requirement must be competed as a new contract among eligible Participants. (Priced options. The procuring activity contracting officer may exercise a priced option to an 8(a) contract whether the concern that received the award has graduated or been terminated from the 8(a) BD program or is no longer eligible if to do so is in the best interests of the Government. © Modifications beyond the scope. A modification beyond the scope of the initial 8(a) contract award is considered to be a new contracting action. It will be treated the same as an unpriced option as described in paragraph (a) of this section. (d) Modifications within the scope. The procuring activity contracting officer may exercise a modification within the scope of the initial 8(a) contract whether the concern that received the award has graduated or been terminated from the 8(a) BD program or is no longer eligible if to do so is in the best interests of the Government.
  4. What are you listening to?

    Just started listening to Black Country Communion - both of their studio albums. See bccommunion.com/about for background on this amazing collection of rock talent. Vern, Midnight in Paris is Great - my personal favorite is Bistro Fada by Stephane Wrembel.
  5. What are you reading?

    "The No A**hole Rule: Building a Civilized Workplace and Surviving One That Isn't" by Robert Sutton.
  6. Apparently SBA can if the circumstances are right. See Amendment 2 at the following: https://www.fbo.gov/index?s=opportunity&amp...54&_cview=0
  7. I don't think this proposed rule has become final, but it does provide insight into SBA's intentions (these are relevant excerpts): [Federal Register: October 28, 2009 (Volume 74, Number 207)] [Proposed Rules] [Page 55693-55723] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28oc09-32] This rule also proposes to amend Sec. 124.504(e), regarding the release of follow-on procurements from the 8(a) BD program. It has always been SBA's policy, and implicit in the regulations, that once a requirement is awarded as an 8(a) contract, any follow-on procurement should generally also be awarded as an 8(a) contract. SBA's regulations for both the HUBZone and service disabled veteran-owned small business programs address the release of requirements from the 8(a) BD program to those programs where no 8(a) firm can currently perform the contract. The 8(a) BD regulations did not specifically address release of requirements other than those where a firm is graduating from the program and needs the follow-on contract to further its business development. As such, the proposed rule would require that follow-on or repetitive 8(a) procurements would generally remain in the 8(a) BD program unless SBA agrees to release them for non-8(a) competition. If a procuring agency would like to fulfill a follow-on or repetitive acquisition outside of the 8(a) BD program, it must make a written request to and receive the concurrence of the AA/BD to do so. Release may be based on an agency's achievement of its SDB goal, but failure to achieve its HUBZone or SDVO goal, where the requirement is not critical to the business development of the 8(a) Participant that is currently performing the requirement or another 8(a) BD Participant. The requirement that a follow-on procurement must be released from the 8(a) BD program in order for it to be fulfilled outside the 8(a) BD program would not apply to orders offered to and accepted for the 8(a) BD program pursuant to Sec. 124.503(h). (d) Release for non-8(a) competition. (1) Except as set forth in paragraph (d)(4) of this section, where a procurement is awarded as an 8(a) contract, its follow-on or renewable acquisition must remain in the 8(a) BD program unless SBA agrees to release it for non-8(a) competition. If a procuring agency would like to fulfill a follow-on or renewable acquisition outside of the 8(a) BD program, it must make a written request to and receive the concurrence of the AA/BD to do so. In determining whether to release a requirement from the 8(a) BD program, SBA will consider: (i) Whether the agency has achieved its SDB goal; (ii) Where the agency is in achieving its HUBZone, SDVO, WOSB, or small business goal, as appropriate; and (iii) Whether the requirement is critical to the business development of the 8(a) Participant that is currently performing it. (2) SBA may decline to accept the offer of a follow-on or renewable 8(a) acquisition in order to give a concern previously awarded the contract that is leaving or has left the 8(a) BD program the opportunity to compete for the requirement outside of the 8(a) BD program. (i) SBA will consider release under this paragraph (d)(2) only where: (A) The procurement awarded through the 8(a) BD program is being or was performed by either a Participant whose program term will expire prior to contract completion, or by a former Participant whose program term expired within one year of the date of the offering letter; ( The concern requests in writing that SBA decline to accept the offer prior to SBA's acceptance of the requirement for award as an 8(a) contract; and © The concern qualifies as a small business for the requirement now offered to the 8(a) BD program. (ii) In considering release under this paragraph (d)(2), SBA will balance the importance of the requirement to the concern's business development needs against the business development needs of other Participants that are qualified to perform the requirement. This determination will include consideration of whether rejection of the requirement would seriously reduce the pool of similar types of contracts available for award as 8(a) contracts. SBA will seek the views of the procuring agency. (3) SBA will release a requirement under this paragraph only where the procuring activity agrees to procure the requirement as a small business, HUBZone, service disabled veteran-owned small business, or women-owned small business set-aside. (4) The requirement that a follow-on procurement need must be released from the 8(a) BD program in order for it to be fulfilled outside the 8(a) BD program does not apply to orders offered to and accepted for the 8(a) BD program pursuant to Sec. 124.503(h).
  8. How about this from the Service Contract Act Directory of Occupations?: 01410 SUPPLY TECHNICIAN This position performs limited aspects of technical supply management work (e.g., inventory management, storage management, cataloging, and property utilization) related to depot, local, or other supply activities. Work usually is segregated by commodity area or function, and controlled in terms of difficulty, complexity, or responsibility. Assignments usually relate to stable or standardized segments of technical supply management operations; or to functions or subjects that are narrow in scope or limited in difficulty. The work generally involves individual case problems or supply actions. This work may require consideration of program requirements together with specific variations in or from standardized guidelines. Assignments require: (a) a good working knowledge of the governing supply systems, programs, policies, nomenclature, work methods, manuals, or other established guidelines; ( an understanding of the needs of the organization serviced; and © analytical ability to define or recognize the dimension of the problems involved, to collect the necessary data to establish the facts, and take or recommend action based upon application or interpretation of established guidelines.
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