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Everything posted by contractor100

  1. Question 1. Will the SBA find the joint venture partners affiliated two years from the date of the award of the GSA schedule? Under the reg language quoted, this would require the GSA schedule award to be a "contract," which Kingdomware says it is not. Question 2. Two years after the first contract award to the JV, SBA will consider the parties to the JV affiliated, and combine their revenues. The JV will not be eligible to receive setaside awards if the combined revenues exceed the size standard for the setaside. The JV can continue to bid for setasides on its GSA contract for five years from the date of award (for the NAICa to which it certified on award) even if it outgrows that NAICs. 13 CFR § 121.404 Assume that, after the two year period, the JV's aggregated revenues exceed the size standard for those NAICs. Will SBA allow the JV to be awarded setaside contracts on the GSA schedule after the two years have elapsed? Question 3. The parties to the JV can form a new JV after the two year period has run. That new JV will be exempt from affiliation for the same period, two years from award of first contract. But that JV will not be the entity to which the GSA schedule was awarded. Is there any way the old JV could transfer to GSA schedule to the new JV, so that five year period could continue to run and the JV partners can continue small for the initial five year period. Joel, I think questions 1 and 2 are not about GSA policies, but are about SBA policies, which seem to conflict. Thanks!
  2. A mentor protege joint venture (MPJV) has been awarded a GSA schedule, despite having been in existence for only 8 months. The MPJV certified itself s small for the schedule, under all SINs. After the JV receives a contract, it has two years before the JV parties will be deemed affiliated. The parties can then form another identical JV. 13 CFR § 121.103 (h) Questions: 1 Does the GSA award count as a contract, starting the two-year clock? (Assume not, based on Kingdomware.) 2 As readers will know, GSA schedule holders continue eligible for setasides for five years on GSA contracts, even if they have outgrown the revenues standard, unless there is a merger, novation etc, or a CO requests a recertification. So, may this JV continue to bid on such GSA setasides after the two year period is up? Here is the language from the reg cited above: "Once a joint venture receives a contract, it may submit additional offers for a period of two years from the date of that first award. An individual joint venture may be awarded one or more contracts after that two-year period as long as it submitted an offer including price prior to the end of that two-year period. SBA will find joint venture partners to be affiliated, and thus will aggregate their receipts and/or employees in determining the size of the joint venture for all small business programs, where the joint venture submits an offer after two years from the date of the first award. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may submit offers for a period of two years from the date of the first contract to the joint venture without the partners to the joint venture being deemed affiliates." 3. Does it matter if the parties form another JV after the two year period has expired? Thanks for any ideas.
  3. Each member of the CTA is technically awarded the GSA contract. You are saying it's okay to award a contract to someone that hasn't been awarded the SIN?
  4. Perhaps. Suppose a prime shows the sub's LCATS, discounted, as labor in the prime's proposal. If GSA should claim the sub had discounted from its commercial rates to the prime, you believe that the sub would have no price reduction clause liability because the subs had sold an OMI, not its GSA schedule services?
  5. An RFP from a Defense entity, on GSA S70 says: Since this competition is limited to FSS holders, all services and items quoted must be from a valid FSS contract. Quotations may not include off-schedule items or services. The sole exception is for items or services falling within the micro-purchase threshold. Subcontractors may provide services under their own FSS contract or under the FSS contract of the prime contractor. Similarly, on quotations using Contractor Team Arrangements (CTAs), subcontractors to CTA members may either use their own FSS schedule or the FSS schedule of the CTA Team Member employing them. Surely it is settled that the government cannot buy anything on GSA schedule unless that thing is on the GSA schedule of the party it has contracted with. That is why CTAs were invented, was it not? Because subcontractors CANNOT sell off their own GSA schedules, the subcontractors do not have a contract with the government? Is this a new teaching?????
  6. Thanks so much for the help! It's good to know that evaluating COs don't have any expectation that their evaluations are confidential.
  7. Corrrect. Contractor wants to disclose favorable information, in the scenarios listed. I understand that COs provide this information with some understanding that it is confidential, but I am not sure what the recipient's requirement to keep the information confidential is, especially where the CPARS reviewer's or agency's identity might be disclosed. There doesn't seem to be any problem with a proposal provided directly to the government, as presumably the proposal reviewers have access to the system to get that information themselves. In the other two situations, third parties outside the government are viewing the information - in scenario 3, the prime contractor can see not only the information, but the name of the reviewer/agency/contractor. Neil, I am a contractor person
  8. Is it okay for a contractor to disclose a CPARS in any or all of the following circumstances: 1 A quote attributed to "government contracting officer" - not the actual CO or agency - of specific CPARS language in general advertising, website, etc 2 Quote, identified to the contract on which the CPARS was given, in a federal government proposal, with the quote marked as exempt from FOIA disclosure 3 Entire CPARS is provided to a prime contractor, who has signed a nondisclosure agreement, to submit on a prime government proposal (CPARS is marked as confidential according to the nondisclosure language)
  9. And ask for asking NITAAC, one of the things that's upsetting people is NITAAC didn't answer specific questions. They combined the questions and answered - something. Industry has been complaining about this: What NITAAC did in releasing responses is they combined questions. So if you’re a prospective offer, and you’re looking for an answer to your question, it’s combined with another company’s question, it may not be answered fully, it may not be answered at all, but NITAAC thinks it was. - Stephanie Kostro, PSC https://federalnewsnetwork.com/contractsawards/2021/06/industry-calling-on-nitaac-to-reassess-cio-sp4-solicitation-push-back-due-date-for-bids/
  10. sorry for the typo, Vern, Company 1 has the SIN. Company 2 does not.
  11. Agency has released an RFP requiring bidders to have been awarded a specific SIN on a specific MAS schedule. Two companies want to form a CTA to respond. Company 1 has been awarded the MAS schedule in question, but has NOT been awarded that SIN. Company 2 has not. Some say that's okay, because GSA wants to increase "total solutions" on schedule by allowing CTAs to cross SINs. Others (me included) say that each company must be capable of receiving an award, and if a condition of the award is that awardee have been awarded the specific SIN, Company 2 is not eligible for award. What does anyone think?
  12. What business advantage will these fond remembrances give the contractor?
  13. On a related topic, I'd like readers' opinions on the value of responding to pre-RFP notices. I understand the value of responding to pre-RFP notices where the government asks for recommendations on products or methodologies. But my colleagues state that all smart government contractors respond to any RFIs or sources sought (even responding as a large business to a pre-RFP Rule of Two sources sought notice.) Even if the company has no position at an agency and does not have particularly strong qualifications for the work. For the following reasons: 1 RFI responses are like valentines. The CO's like to get a lot and will be grateful to all who submit. Also COs will discriminate in the eventual procurement against companies that didn't submit to the notice. 2 Putting in an RFI increases name recognition, regardless of how limited the company's capabilities appear from the RFI. 3 Companies that want to meet with a government agency in advance of an RFP, to introduce their capabilities for an opportunity or to shape the ultimate RFP, will be more welcome and meet with more important decisionmakers if they have submitted to an RFI. Opinions?
  14. That is very helpful thank you. All these cases where trouble was caused by inclusion of a "wrong" CAGE code - I am still suprised that there are so many awards with no CAGE code on the form. I guess sometimes the CO enters it?
  15. I saw the acq,osd.mil instructions. There is out of date stuff up there, though. I am perplexed that I see such a large number of completed 1449s with the DUNS, not the cage code, in that block. It is a mystery.
  16. Having flipped through a bunch of awards, I see that before aroudn 2015 there was in fact a space for DUNS at the bottom of block 17, definitely implying that DUNS doesn't go in either of the "code" boxes. But that line is gone now, and a good number of the awards I examined had the DUNS number in the first block. More than half of the awards had neither block filled out, though.
  17. HI Retread! Thanks so so much for this, can you give me a cite?
  18. So in the picture above, where does DUNS go and where does CAGE code go.
  19. What goes in the little box labeled "code" - DUNS or Cage Code?
  20. It's confusing, because the limitations clauses etc are going to apply if it is awarded to an SDVOSB right? It will in fact be a setaside if an SDVOSB is awarded.
  21. Should the 1449, block 10, on an RFP check the box for "unrestricted" or "setaside," when the evaluation is going to be a VA tiered evaluation, with the tiers being SDVOSB, VOSB, small (HUBzone preference), then finally large? The award will be set aside, subject to limitations on subcontracting etc., if any firm in the first three categories ends up winning, right?
  22. The GSA contract incorporates a WD and includes the clauses. The task order doesn't, though.
  23. Is this true? On a GSA schedule, Contractor has identified an LCAT as covered by SCA LCAT at the contract level. Call the LCAT “Clerk 2.” Contractor gets a task order on the GSA schedule. There is no wage determination attached to the task order, and the task order does not in any way indicate it is covered by SCA. Contractor proposes and invoices a staff member as Clerk 2 on the task order. Contractor does not have to pay that person the SCA wage and benefits, as the SCA determination applies only at the task order level.
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