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C Culham

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Everything posted by C Culham

  1. FAR 13.106-2(b)(4)

    (edited) No experience. No but do you think this would if received from a user if they meant it? “I have reviewed all the quotations received, the pricing and the technical material provided inclusive of warranty and other information. Based on experience on ease of use of the needed product, availability of local maintenance to support warranty and after warranty work, and general knowledge gained from reviewing available market place information on how each offered item would standup to the intended use I recommend award to XXXXXYYYYYZZZZZ.” Opps forgot this thought - In the context of your background to your specific questions where did the "or equal" come from? I can not quite make the connection to references in FAR Part 13 regarding brand name consideration when a general product is stated in a solicitation - "send me quotes on lawn mowers" and brand name or equal when it is a specified requirement of the solicitation "Send me quotes on XYZ lawn mower or lawn mowers that are equal in X (motor size, deck size, rider, push, blah, blah blah).
  2. Evaluation Factors

    I am honestly concerned about this thread and even confused about it. I have tried writing a post a bunch of times and have finally settled on this. Hopefully better late than never! For the OP – You have not identified the value of nor type of courier services needed which would make a difference for a detailed response. The quick thoughts on your approach are that you have confused process for SAP (FAR Part 13) and Negotiated Procurement (FAR Part 15) and have not considered guiding principles of FAR Part 12. If you truly want to use FAR Part 15 (LPTA) then redo your 52.212-2 to better align with FAR Part 15, FAR 15.204-5, 15.304 especially. Also if you do so make sure you clarify what you really want to do with past performance as its use as an evaluation factor is not clear. Also you need to consider how you might tailor FAR 52.212-1 if you head the FAR Part 15 way. You did not provide an example of what your instructions (52.212.-1) are going to be but they must be aligned with how you plan to evaluate or in other words tell offerors what you need to evaluate the offerors. As you consider how you might tailor 52.212-1 please read FAR 12.205(a) and 12.302 and really think about what you want from the offerors based on customary market practices used to select a courier. If you want to use FAR Part 13 SAP then read and re-read the linked discussion that Matthew provided. And again if you decide to really make it simple then do not forget FAR 12.205(a) and 12.302 and think about what you will need from the offerors to keep it simple and again tailor 52.212-1 to fit what you need to evaluate offerors simply based on market practice. For Contracting Cowboi – You really are all over the place. If you would have stopped at your first response you would be close on concerns about the OPs post but as noted to the OP please consider 12.205(a) and the scenario offered by the OP only. The rest of the stuff you have brought in to the discussion is good for conversation but might have been better presented in a different thread.
  3. Evaluation Factors

    No intent to hijack this thread or speak for Vern but..... Specific to the idea of an acquisition of a commercial item, a pharmacist, how about your market research as THE data. After all why does one pick CVS over Rite-Aid or Walgreens. They sure don't ask for a one or two page document. Remember we are talking about SAP and you have lots of latitude to make a decision even when it's only pricing you have received.
  4. Evaluation Factors

    Let me add that you have confused your process. You state "SAP" but then in your 212-1 provision state LPTA and reference FAR Part 15. SAP is contained in FAR Part 13, FAR Part 15 is Negotiated Procurement.
  5. Problem of the Month

    The "Poll" discussion forum has been defeated!
  6. Maximum Profit per FAR??

    Also consider supplements to the FAR for whatever agency you may be negotiating a contract with. By example you might want to see DoD's supplement in the DFAR at 215.404-4. Sometimes folks use the structured approach for determining a pre-negotiation objective as a reference for a required profit.
  7. how to structure emergency service

    Yes. My thinking in stating it is the specifics of the all the other things equal is that on the smaller needs there is less incentive for the contractor to be prompt. Does being late on one BPA call cause the contractor for that call to be worried about not meeting the performance metric on a charge account? My assumption is no the contractor would not be as worried as it relates to their worry with regard to response on a task order on a long term and specific requirements contract.
  8. how to structure emergency service

    Granted. I as a 10 year consultant business owner too have had the same experiences, probably not as extensive but all the same experiences. I have had the same experiences personally as a trustee for a family member, a member of organizations that have put on community to world class events, as contracted hand for a local wheat rancher or helping my in-laws run a small farm for profit. The salient issues of this thread, often derailed to issues other than, has been a "required" need that is as described are "emergency" services. At best in all my personal cases (except in my capacity as a trustee and organizer for a world class event) I would describe there were times of exigency but never emergency. Whether for the regular stuff, the exigency, and in the rare case of an emergency I have experienced failures to perform. In my Federal experience an emergency was experienced many more times, not just for incident response but with regard to native American health care, environmental spills, criminal activity, along with other situations and in this experience the promise of the contract in my view provided a much better track record of required performance. I hope this clarity helps those that have followed this thread. In the end as it has been stated application of contract method to a specific need will depend on its specifics. But for the situation specifically stated by the OP, even as clarified by the OP's subsequent posts, that started this thread my experience still suggests a contract versus a BPA. All the other what ifs thrown out lead to the other conclusion - it depends.
  9. how to structure emergency service

    Personal experience in both acquisition as it applies to the Federal sector and my personal life. I have lost count on the number of times my furnace quite in winter, a pipe was broken by happenstance or foolish work of my own, or that I contacted a entity as a CO to get prompt service (without a contract) only to have them agree and then not perform (be on time) to the expectation as agreed when they accepted the work. Excuses such as I had another call, the call I was on delayed me, I couldn't find your location, couldn't find the parts I thought I would need, my laborer stood me up, the list goes on and these are just a few of the excuses I can instantly remember. While I have had but one or two contracts in personal life for what I will call immediate needs, I have experienced scores of contracts where promises, expectations, a required performance metric and even the personal guarantees of the contractor were met. Conclusions about BPA's also interest me in that in almost all case folks have indicated that the power of the BPA is to have an option when the first BPA holder (second BPA holder , or more?) is not responsive. Suggests to me that it is acknowledgement that a BPA has a lower expectancy on the promised hoped for. In comparison I have never heard of having a contract to back a contract in case the first contractor will not be responsive. Most likely exists somewhere but never in my experience. If others have had better successes with what I will call responsiveness where there was not a contract they must live in a idyllic place that I have not found yet!
  10. how to structure emergency service

    Don – Using all the stipulations you have stated my estimate for your number 1 is 5% or less for not showing up within the 4 hours. For your number 2 10 to 15% of the time the first contractor contacted would not accept the call and that if accepted they would not meet the expected 4 hours 75-80% of the time. My caveat. Water damage restoration/renovation that may or may not include plumbing services as well. Percent of successful response is based on research that there are several firms in the geographical area of El Segundo that perform such work and specifically state 24/7 response. Included is the thought that GSA FSS contractors are available (131 total possibilities SIN 426 4F) for the same type of effort and could result in a GSA Order that provides a requirements contract methodology in setting up the order. I understand I have the advantage of what Vern has already posted but have attempted to hold to thoughts and positions I have stated in this thread to this point. Using an entity such as SERVPRO, as the example that might be an awardee under a requirements type arrangement or accept a BPA, I will remain with my position, now stated in the context of your exercise, that probability of response within stated time lines would be greater under a firm contract. What conflicts me throughout this discussion thread is that if there is a “required” need for anything, not just the El Segundo example, the promise is reinforced with a contract (requirements or ?). If this is not true for this example then why is true for other Federal government needs? Why have contracts (promises again and not guarantees) at all, the Federal government should just move to competitive BPA’s for everything. I do appreciate the exercise as made me think just a little more but as you can see my overall view has not changed. PS – Do not forget that I have already agreed that a requirements contract might be more costly and that cost might even increase if I wanted to emphasize the promise by requiring a performance bond. Considerations, just like those considerations already debated, such as true emergency needs, or just need a plumber in a timely manner, is there really justification for “required” response, etc. etc. being the deciding factor of what the acquisition method used would be.
  11. how to structure emergency service

    Thanks for the offer Vern I actually pass through weekly on mostly day trips but will definitely consider. Actually my favorite haunt was the HRD Tasting Room until they sold my favorite to another entity. So finding new options would be great. And just to clarify as you have called me out once again here is how my post actually was made and continues to look, your view of the thread and my question regarding your post (while attributed me below on 4/10 /2018 at 9:36PM) is really a direct statement you made in your post on April 10 10:06AM. Seriously follow the thread you will see it and you posted it! So I am not ducking you are and the horribly worse part is that it was statement that you made, you won't admit it, and now you won't answer why you posted it! Logical fallacy once again!
  12. how to structure emergency service

    Oh yes I am and I am really trying but then again I need to get in some additional "Delete" posts to boost me!
  13. how to structure emergency service

    Thanks Bob, I need to pay better attention!
  14. how to structure emergency service

    You obviously do not, not my problem. Just another logical fallacy to the argument at hand where you attempt to hide . Why ask? You already told me I could do it my way so therefore I will. No need to repeat you will not win me over. If you hope is to win over others so be it have we not settled on that? Why? Because I do not have to that is why. And before you call me out for ducking please tell me why the following statement is true? Did someone torture you to make you have to or does the FAR say you have to? Why Vern? Get over your logical fallacies would you please and stick to the meat of the discussion and read my posts. I agreed that guarantee would actually be a "promise". Hopefully I am not an idiot for appreciating those that adhere to a promise of a contract and even believe in them. Well Vern what doesn't it buy me?
  15. how to structure emergency service

    Love it, more opportunity to achieve my Platinum status! What do I mean - you said my way was inefficient and I specifically stated FAR part 12. Much more efficient than "have to use" FAR part 15 don't ya think? Not talking fixed price? You bet I am fixed price labor rates and it works. Evidence that it does is found everyday in FBO and in the commercial sector. Geez even GSA FSS contracts have this! Evaluation factors? I am going to use the procedures of FAR subpart 13.106-2. By the way LPTA is FAR Part 15 so are on that "have to" band wagon again? Can't make an award decision in two weeks? Where does the FAR say I can't as I actually believe I could make the award decision in an hour if I want to. Show me where I am wrong please. Oh and by the way no explanation needed on the T&M needed as I will tailor the clause to show commercial practice. That's the standard and I fear you are wanting to force a old FAR standard on me. Does not have to happen and ain't happening I am going to be innovative! I will accept promise and I will bank on the competent contractors that live by their promises which provides me with a whole lot more confidence than just setting up some charge accounts. I have a whole bunch of those and the only promise I get from them is well - zip, nothing. Agreed to disagree.
  16. Labor Standards Interview and SF1445

    The FAR and contract clauses of the FAR do not specify that a CO can not interview contractor employees under a service contract covered by the Service Contract Act, FAR Clauses 52,222-41 and 55 do provide that DOL, and authorized representatives of DOL, can perform interviews but I believe in a full read of 29 CFR 4 you won't find a definition of "authorized representative". There are agencies that provide via policy that contract administrators will conduct interviews and have agency forms to do so. Department of Interior - BLM and USDA - Forest Service are two that I know of that do so. There may be others. I have always concluded, when a contracting officer, that as there is a contract requirement to comply with the Service Contract Act that there is a right to determine through contract administration a contractors compliance and that right includes the ability to do the interview, especially if there was concern that there was not compliance. The fallback, is to simply relay your concerns to the USDOL and let them follow through in an investigative manner they believe is appropriate. Also, by experience the Ability One Program is interested in NIB and Source America entity's compliance with regulations applicable to an Ability One procurement. Noting this you may want to contact the Ability One Program to assist in the understandings you express and to better understand the expectations of entities performing contracts under the Ability One program. The Ability One program website would be the best resource in making contact with them.
  17. how to structure emergency service

    Vern - All quotes are those made by the OP. I beg the question that using FAR part 12 is not efficient? Can I not use a combined synopsis/solicitation? Could I not post in FBO for say 5 days? Could I not use simplified acquisition evaluation procedures? Could I not make an award determination in two weeks? Further, I understand we are not talking fire suppression aircraft services and I have acknowledged that and discussed experience with other than such services in my posts. What we are talking about "remediation/restoration of facilities" after a broken water pipe. I read this to not to be simply fixing the pipe but work beyond such as "water damage" that remediation and restoration suggests. I also read that that the occurrence could happen on a "Saturday or at Midnight" and that the contractor is "going to be REQUIRED (emphasis added) to be on call 24/7 to meet the 2-4 hour window". A BPA cannot accomplish the REQUIRED on call specific as stated by the OP because a BPA is not an enforceable contract. Likewise a Call against a BPA is not an enforceable contract until the vendor accepts the Call. A requirements, time and material, IDIQ, and labor hour contract are enforceable contracts and attempts to offer logical fallacies will not get around this fact. An enforceable contract is my way!
  18. how to structure emergency service

    Exceed the SAT? Use the SAT? Have to use FAR part 15? A year? Commercial Item FAR part 12 and 14, even 8, have been deleted from the FAR? You keep doing it that way! I will use ALL the tools the FAR provides but thanks for verifying my way is ok!
  19. how to structure emergency service

    Thank you. Experience would also show that time and materials, requirements and IDIQ contracts have and do work for emergency services. In fact history would show that the intent of the time and materials type was specific for the emergency need purpose. There is not one size fits all as already stated. A view of FBO today produced 1800 solicitations that discuss emergency services to one extent or another. A review of a few of the many solicitations listed provided response times. This is todays quick market research that is supported by my experience in doing in depth market research in the past that included contacting many agencies to inquire as to the success of their particular contracts and even BPA's in filling their emergency response needs. 40 years experience as a CO and another 10 or so as an interested bystander a firm contract does provide a guarantee for more than perception. There are in fact contractors that are competent and responsive that are not only willing to sign emergency needs contracts but perform without punishment. Not always life safety either but by some reasoning either connected or more important. Get the equipment up and running so a aerial tanker can fight a fire, solve plumbing ( sewer and water) problems in residence halls or private residences, clean up environmental spills of all kinds (think 500 gallons of jet fuel on a tarmac, drug labs hidden in National Forests, etc.), a leaking transformer at a government power producing facility, and the list goes on. I have never met a CO tortured into doing a requirements contract but I have met many that have used it after exploring the specific need and found such a tool to be a fantastic answer.
  20. how to structure emergency service

    What kind of reason or evidence do you have that supports the truth value your statement that such deadlines are commonly unrealistic
  21. how to structure emergency service

    Do you have examples?
  22. how to structure emergency service

    No doubt the details of what the OP's needs really are would add much more context but I had the same thought and you beat me to the punch. But then again you forgot the principles FAR subpart 8.000 and I went here https://www.gsaelibrary.gsa.gov/ElibMain/home.dohttp:/www.gsaelibrary.gsa.gov/ElibMain/scheduleSummary.do?scheduleNumber=03FAC then I thought what about Ability One and then I just threw up my arms as I decided I have turned the wrench on this one way too long and time to move along. Moving along here too with the parting drop that what you have is a BPA and then a Call that I agree turns into a contract. Begs the question why not just create a contract in the first place especially if you really mean "vehicle" as opposed to vehicles as one BPA is a waste of time all the way around. As stated before the facility would be left to "dialing for dollars" because as you note there is no guarantee most especially with a BPA.
  23. how to structure emergency service

    Joel - I understand the argument and without going into grand detail I have even issued BPA's of this nature but for fire and other incident response (hurricane etc). Anyone wondering read up on Incident BPA's (IBPA). However in the case of the IBPA there is a structured (electronic) approach to use. And as Don has noted the commitment and obligation occur when the Call is made and the details of the IBPA discuss their potential open ended possibility. But for sure one IBPA Call is not issued for say 60 months. My grasping of the requirement contract concept is that my read of the OP's comments is that they want the guarantee that someone will be there in 2 to 4 hours. I just have trouble with the fact that a BPA will do this. Heck I can't get a plumber that fast to my house, I know I have tried. The plumber will use their own sift to determine who they want to meet the expectations of little ol Carl at his house or Mr. Got Rock's at the mansion, or the continual corporate/government plant or facility and vise-a-versa when say I am the plumbers borther. The requirements contract or some other firm arrangement (now with a performance bond) outside of the BPA encourages the plumber to put me always at the top of the list every day, every Call if in fact that is what the OP is shooting for. If not then have at it with a BPA.
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