Retreadfed
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Amended Solicitation - Fair Opportunity
Retreadfed replied to General.Zhukov's topic in Schedules, GWACS, MACs, IDIQs
What about the approach that is specified in the contract? -
That is not an answer. Adequate to do what?
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joint ventures Exclusion of Joint Ventures
Retreadfed replied to Mr_Batesville's topic in Contracting Workforce
See, Aljucar, Anvil-Incus & Co., B-408936 (January 2, 2014). Other barriers could be requiring the JV to have its own accounting system that has been audited by DCAA, requiring the JV to undergo a pre-award survey, if the JV is not small, having it submit a small business subcontracting plan instead of relying on plans submitted by the members.- 7 replies
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- solitication
- pre-award
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joint ventures Exclusion of Joint Ventures
Retreadfed replied to Mr_Batesville's topic in Contracting Workforce
If the procurement is conducted on a full and open competitive basis, I do not see how the government can state that offers from JVs will not be considered. On the other hand, the government may erect barriers that make it difficult for a JV to compete. For example, if the procurement is being conducted under FAR Part 15, the government may say that it will only consider past performance of the JV and not its individual members. This practice has been sanctioned by the GAO.- 7 replies
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rfpro, in regard to cost reimbursement contracts, are you talking about employees who perform directly on a contract, employees who perform a function that is charged to an indirect cost pool or both?
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H2H, why is this system not adequate for T&M contracts? Maybe I am missing something, but it seems to capture the actual hours worked.
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Amended Solicitation - Fair Opportunity
Retreadfed replied to General.Zhukov's topic in Schedules, GWACS, MACs, IDIQs
Z, note that the procedures for issuing orders under a multiple award contract are to be set forth in the contract. Thus, if you do not follow those procedures when issuing an order, you can be facing a claim under the Disputes clause. Thus, even if the order does not qualify for being subject to a protest, that does not mean you are out of the woods. How does not allowing all 10 contractors submit proposals for the revised requirement meet the fair opportunity requirement of the FAR and statute? -
That is up to you, based on your company policy and the terms of your contracts. The FAR does not provide for any particular method to address this issue.
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This is what FAR 15.303 has to say on this topic: The source selection authority shall— (1) Establish an evaluation team, tailored for the particular acquisition, that includes appropriate contracting, legal, logistics, technical, and other expertise to ensure a comprehensive evaluation of offers. To me, the key words from this excerpt are "tailored" and "appropriate."
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rfpro, there are too many variables involved in your question to provide a one size fits all answer. The time keeping requirements for a company providing office furniture off a GSA schedule could be quite different from a contractor doing work on CAS covered cost reimbursement contracts. From a contractual perspective, you have to analyze the terms of your contracts and determine if your timekeeping policies meet the requirements of those contracts. If they do, you are good to go regardless of what another contractor's policies may be. Remember, the FAR only requires a contractor to have an accounting system, which includes a timekeeping system, that is adequate for the contract type being performed. See, FAR 16-104(i).
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Determining Fair and Reasonable LPTA
Retreadfed replied to brent's topic in Schedules, GWACS, MACs, IDIQs
This discussion has focused on techniques for determining if a price is fair and reasonable. My question is if you cannot define what fair and reasonable is, how do you know that you have it regardless of the techniques you apply? Is this something like Justice Stewart's explanation of pornography in that "I can't define it but I know it when I see it"? -
Determining Fair and Reasonable LPTA
Retreadfed replied to brent's topic in Schedules, GWACS, MACs, IDIQs
If that is what a fair and reasonable price is, what is all this arguing about? It seems as if folks here are looking for a "magic formula" to tell them what price is fair and reasonable., i.e., what they would be willing and able to pay for what they are buying. Also, nobody other than Vern has defined what it is that they are talking about. Is there a common understanding of what this term means in the FAR or are folks here making up their own definition as they go along without sharing that information? -
Determining Fair and Reasonable LPTA
Retreadfed replied to brent's topic in Schedules, GWACS, MACs, IDIQs
Can someone tell me what "fair and reasonable price means"? -
Delayn, what is being acquired? If it is services, are the severable or non-severable?
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Small Business Participation Plans
Retreadfed replied to Don Mansfield's topic in Small Business, Socioeconomic Programs
This appears to require more than coordination between two "plans." As you have mentioned, the DFARS does not require the submission of "utilization plans" only a statement of the extent to which small businesses will be utilized in performance of the contract. However, Don asserts that some components are including these statements in resulting contracts. As the quoted language indicates, if the contractor is required to provide a small business subcontracting plan, any small business concerns listed in the utilization statement "shall" be included in the subcontracting plan. Thus, there is mandatory overlap between the two in this circumstance. Further, I do not see anything in the DFARS that would prohibit a component from including the utilization statement in the subcontracting plan. It only says that the two are to be submitted separately. This inclusion may or may not be happening. I have to admit that I do not have insight into how these requirements are being implemented in practice. -
Small Business Participation Plans
Retreadfed replied to Don Mansfield's topic in Small Business, Socioeconomic Programs
That may be. However, it is good for everyone to understand what the requirement is. This discussion brings up a good point. If a procurement is conducted using full and open competition and the winner is not a small business, and the "utilization plan" is included in the small business subcontracting plan, that large business only has to make a good faith effort to comply with the combined plan. On the other hand, if a small business wins and does not have to submit a small business subcontracting plan, the "utilization plan" could be incorporated into the contract without the good faith requirement. This seems potentially to place a heavier burden on small businesses than large businesses. To that extent, this would seem to have a significant impact on small business concerns. If this has been happening, I am somewhat surprised that small businesses and the SBA have not been howling. -
Small Business Participation Plans
Retreadfed replied to Don Mansfield's topic in Small Business, Socioeconomic Programs
Carl, small businesses should not be required to submit a plan for a set aside procurement because the extent of small business utilization evaluation factor is only applicable to contracts that require the use of the clause at FAR 52.219-9. Thus, the factor would only come into play in full and open competitions. -
Data Rights under an SBIR contract
Retreadfed replied to anonymous 10's topic in Subcontracts & Subcontract Management
Ownership of data is different from rights to use that same data. Note that under the FAR and DFARS, the government does not own data generated by a contractor. Instead, the government only gets specified rights in that data. Unless the contract states otherwise, the contractor continues to own data. As for ownership of data originated by a subcontractor, that is a matter between the prime and sub. I have seen subcontracts where the prime requires its subs to transfer ownership of data to the prime and other subcontracts where the prime does not require such transfer of ownership. -
Here we go again (maybe)
Retreadfed replied to Retreadfed's topic in Proposed Law & Regulations; Legal Decisions
Thanks. So was I, but I still get a certificate error for the DCAA site. -
Here we go again (maybe)
Retreadfed replied to Retreadfed's topic in Proposed Law & Regulations; Legal Decisions
Thanks. I got to the DCAA website but with a certificate error message. -
I tried going to the ASBCA website today and got an error message that it was unavailable. I am not searching from a .mil address. Is anyone else having trouble accessing the website?
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Even if it is an agency level protest, it will probably cost more than $500 to pursue the protest. There must be more to this than is apparent from what we have been told.
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A protest is generally based upon an allegation of government non-compliance with a procurement law or regulation. If you want to know the basis of the protest, ask the contracting officer for a copy.
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Notice that FAR Part 17 says it implements policies set forth in 10 U.S.C. 2306b. However, multiyear service contracts are described in 10 U.S.C. 2306c. Looking at what 2306c says multiyear service contracts can be used for have you inquired about DoD GOCO contracts, FFRDC contracts and DoE M&O contracts? They seem to possibly fit what you are looking for.