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joel hoffman

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Everything posted by joel hoffman

  1. The KO can have as many or few technical evaluation teams and/or members as they deem necessary. Why do you think that the KO is restricted to one team, if the solicitation is set up with the possibility of two awards. As for agency supplements, we don’t know what your specific agency is. No other agency supplement would be relevant. I will say that the KO should be working to meet their customer’s needs and not ignore the customers goals.
  2. What type of contracting duties and areas are you involved with?
  3. For Starters, read two of the Bible’s of Federal Contracting: Formation of Government Contracts Administration of Government Contracts Also one can read various relatively short books available in soft copy on the fundamentals of negotiating. Also, a Must Read: Stephen R. Covey’s book: The 7 Habits of Highly Effective People Daily: WIFCON.com Home Page and the protests and disputes cases. You can also save links to the various legal forum home pages. Your organization should subscribe to The Nash and Cibinic Report. If you have a legal office, check to see what subscriptions and periodicals they maintain.
  4. If a contract is terminated for convenience or partially terminated for convenience for performance issues, before or after substantial completion (if applicable), it could affect their performance evaluation. If a contract is partially terminated for convenience without any reason attributable to the contractor, then I agree with Vern. Since the OP mentioned the option of a deductive mod, I sense that there may be relatively small amount of remaining work, services, etc. involved here. Maybe not. It was a general question.
  5. Some Departments are already committed to sustainable procurement in various ways, e.g., master planning, programming, design, construction, operations and maintenance, rising sea levels, etc.
  6. What are you specifically asking here? If an RFP requires a response to such a question, then the proposer is supposed to answer it. A TFC could affect their “record”, depending upon what was terminated and the reason for the termination.
  7. It doesn’t appear that Garth is asking what can be done, only asking if anyone has experience with DCMA ensuring that prime contractors don’t expand their rights beyond what the contract stipulates. I noted that the cited policies and those who espoused them are dated in the early 1960’s. I don’t know what current policy guidance is. So what can a prospective contractor do when the proposed subcontract terms extend the prime’s rights to the sub’s intellectual property? You can first raise your objections and explain your concerns to the prime before agreeing to the terms. Try to resolve the issues, as Neil describes. If that doesn’t work and you can’t accept the terms, can the firm attempt to notify the DCMA office of the nature and details of the unacceptable terms? Ask the DCMA to become involved in resolving the impass? Depending upon the firm’s leverage in the proposed action, this may or may not result in a subcontract. Ultimately, the proposed sub/supplier will have to decide how badly they want the subcontract/sale, right? If the government agency doesn’t/won’t do its job and it is impacting a supplier/subcontractor, I do know that complaints to Members of Congress used to result in our Agency or immediate organization having to justify its actions to the Member. It often resulted in resolutions of the complaints. The complaints were often from industry when our terms and conditions favored or unfairly restricted various products. That might or might not immediately help a prospective supplier/subcontractor or it’s chances to obtain an acceptable subcontract.
  8. I dealt with unit priced civil works construction projects years ago. We had procedures for adjusting quantities for overruns and underruns. It was fairly routine.
  9. Vern, I agree. I used the wrong terminology. I was thinking of a conformed file copy (copy for the file) of the contract document.
  10. It wouldn’t surprise me, considering the level and complexity of design configuration management systems for major environmental projects, especially involving nuclear wastes.. A retired TVA specialist that once worked for me advised that changing something as simple as a clock in a control room in a Nuclear Power Plant would cost more than $10,000 - $200 for the new clock and the labor to install and the rest for the RCRA or environmental permit modifications and updates to the design configuration, as-built design documentation.
  11. Thanks, Vel. NAVFAC and USACE have different approaches to the Order of Precedence of the contract documents (solicitation and accepted proposal) and whether or not the final design is considered part of the contract or is just a deliverable. The NAVFAC apparently makes the final design part of the contract. USACE treats the final design as a deliverable that must conform to the contract requirements, with some flexibility for the contractor to adjust to fix constructability, design errors, or other revisions that don’t change the accepted proposal (including betterments) or the solicitation. However, I think that the idea of a submittal that integrates the accepted proposal, solicitation and “revisions that are contained in the award” may have some merit for USACE, too. I saw too many instances in the USACE where the accepted proposal (including proposed betterments (design and construction features which both meet and exceed the RFP requirements) weren’t provided to the ACO or to the design discipline reviewers during design development and construction. A submittal of a conformed set of documents should help clarify what constitutes the awarded contract requirements.
  12. Hi, confused. What “expectation” are you referring to? The Government’s expectations of the Contractor?
  13. Since the adoption of paperless contracting, I’m curious about current practices in various agencies and organizations. Could some readers here describe if and how they or their organization maintains a EDIT: [conformed contract document for the contract files]? Inasmuch as some (of our) large contracts have had over 100 mods, it would be virtually impossible to be able to read the current contract requirements , if one has to memorize the affected contract pages or sections or read through every mod each time. And I’ve seen long term contracts have numerous KO’s and ACO’s over the term… Thanks.
  14. That was the practice in my contract administration offices and in the District Construction Division Offices dating back to at least the 1970’s. Before the use of word processors in the mid 1980’s, there was a hard copy of the original IFB, as awarded with all amendments attached and marked-up/incorporated. All revisions were tracked. Deleted “specs” pages (the “book”) were crossed out, added pages were noted as added, revised pages were retyped with revised or deleted wording shown as “strike through” with the new or revised wording added. Each page noted which amendment(s) were applicable. There was another clean, hard copy of the awarded contract maintained with similarly tracked changes as mods were issued. We also maintained a master set of contract drawings with each revision of a sheet included. I’m sure that there were other various ways to maintain an up to date version of the conformed contract then and now. With the advent of word processors and electronic copies, I recall that one could show tracked changes or just the current version. For purposes of contract administration and especially for forensic analysis of developing issues, making contract interpretations, evaluating REA’s and claims, negotiating changes, etc., it was really a great resource. I really liked being able to review the conformed documents with all amendments and mods tracked and identified. I would occasionally visit the “official” files in Contracting . However, since that office didn’t administer construction contracts, they didn’t maintain conformed copies of the contract after award due to lack of manpower as well as avoidance of duplicated efforts and filing storage . Various office were responsible for maintaining their specific portions of the “official files”. After contract close out, each office would send their portion of “official files” to Contracting to be shipped in storage boxes to the “Records Holding Warehouse”.
  15. I can remember that there were often instances of construction contracts where equipment, products or materials were superseded or no longer available by the time they were to be ordered. But I don’t recall the specifics. There we’re also instances where products were superseded during the source selection or contract negotiation process. But I’m not aware of examples of software obsolescence for such acquisitions. Do you want some examples of how such problems occurring either during or after contract award were handled? Not sure what your specific interest is. Depends upon the specific situation whether cancellation of a solicitation or amended solicitation or post award change, substitution or TFC, etc.
  16. The government has already asked for a proposal for a credit. It is probably waiting for the OP’s action. I’ve suggested a possible way forward to get paid for the actual services provided less some amount to represent a proposed credit for the agreed unperformed services and an amount adequate to protect the governments interests for the alleged unperformed services. The OP should reserve the rights to payment for the alleged unperformed services, pending resolution and settlement of the issues. To me, it is worth a phone call to the KO or whomever the OP is dealing with. I don’t see a quicker way to get paid for what services have mutually agreed to have been provided, pending resolution of the open issues. Of course, this advice is based upon the extent of the disclosed circumstances.
  17. I think that something like my suggested approach is worth a phone call to the appropriate contract official on the government side.
  18. Carl, I didn’t see anything on any of the PTAC websites that would indicate 1) advice or training on how to effectively partner or effect communications between the parties or 2) address contract admin issues such as rejecting entire invoices, not identifying contractor performance deficiencies until months later after receipt of invoice, not responding to contractor offer to perform a delayed service (here two weeks later), etc. , how a contractor can respond, assert its rights, develop negotiating objectives and alternatives. Nothing wrong with contacting a PTAC, I just didn’t see where those types of advice or relationship building were noted. It doesn’t seem here that the actual solution to getting paid for acceptable services provided is that difficult. From the limited, yet ongoing scenario explanation thus far, the scope and $ value of alleged undelivered services doesn’t seems to be that significant as to hold up the whole payment process or to resolve. The OP says that they have proof that some of the services were provided in response to some of the allegations. Reserve the right to resolve those issues and remove them from the instant invoice. Other non-performance issues are acknowledged and should be reasonably quantifiable. I wouldn’t recommend that the contractor quibble or fret over the amount of the estimated cost of a few missed meetings or other identifiable unperformed task. The government asked for a credit proposal… One could deduct enough from the invoice to protect the governments interest, both parties reserving the right to any difference, pending resolution. If the parties are willing to work to resolve it, I don’t think it is that difficult. Don’t treat this as the final invoice for the period, if not immediately resolvable. Thats one aspect of effective negotiating. Seek mutually agreeable ways to meet both parties needs. “Seek first to understand” and “Win-Win or no deal” ( Stephen R. Covey: The 7 Habits of Highly Effective People).
  19. I found this on PTACs https://www.aptac-us.org/contracting-assistance/ptac-help/ “Procurement Technical Assistance Center(PTACs) …Contract Performance Issues: Even after you’ve been awarded a contract, your PTAC may be able to help with certain contract performance issues, such as: Production and Quality Systems Accounting system requirements, contract payments and payment systems such as Wide Area Workflow and iRapt Packaging and Transportation Subcontracting Property”
  20. Carl, I’m a bit curious… if a contractor needs help understanding it’s rights and possible negotiation objectives and alternatives, what assistance would a PTAC provide? Are you referring to assistance in developing effective communications and cooperation? ”I agree that if we could reasonably come to an agreement, that would be great….unfortunately this has not been my experience over the last 2-3 years.” The government and contractor parties need to move out to resolve the situation quickly - first pay for the services provided - then determine what wasn’t provided- then negotiate a deduction. Im not trying to be snide. Just wondering what assistance they provide for such situations arising during contract execution. Thanks.
  21. In addition, does the solicitation provide any point of contact for questions?
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