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Everything posted by Desparado

  1. JLJordan, It has been a couple of years since I worked with SPS... thanks for the update! I note that you say that you "can now choose", so does that mean it is still non-mandatory and the KO can elect whether or not to use the UCF for commerical purchases?
  2. Desparado

    Full and Open Competition Timeline

    I think we will need more details before we can properly respond... There are many variables that affect the timeline. Commercial / Non-commerical Internal Review Requirements Dollar thresholds Etc...
  3. I believe the FAR is flexible enough to allow you to either use the UCF or not. The UCF is in Part 15.204-1 of the FAR, so if you are doing a Part 12/15 acquisition I would think that you "could" certainly use the UCF. However, if you don't want to use the UCF, you can look at 12.204 which does not require anything other than the SF1449 (and for purchases not exceeding the SAT, that isn't even mandatory). I know that the DoD's "wonder" SPS program does not use the UCF on commercial purchases, and neither does the VA's eCMS program. Now, as it has been pointed out several times on various discussion boards, we should not let the tool dictate the process but since the developers of both programs did not included this in their respective systems, it also leads me to believe that it is not required to use the UCF. SPS just throws everything after the SF1449 and eCMS created their own "Sections" to put things into. Seems like there is no specific structure required.
  4. The only clause I can think of that limits you to one Contractor is the Requirements Clause (52.216-21). ( c ) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. However, even this clause has 2 "outs". The first is the statement "Except as this contractor otherwise provides", and the second is paragraph (e) (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. Is this an IDIQ or Requirements contract?
  5. This (to me) brings FAR 22.18 into question. I have heard that President Obama has delayed implementation of e-verify again, but it has been added to the FAR. If that is in effect, would that address your question?
  6. Desparado


    Well, AbilityOne (formally JWOD) does have special rules in FAR 8.7, especially 8.705-1 where it states that offices "shall" obtain supplies and services on the Procurement List... Any complaints against AbilityOne are supposed to be handled IAW 8.711 Are you having problems with an AbilityOne supplier/contractor?
  7. Desparado

    Modifications and effective dates

    Question: Why would a CO issue two mods at the same time that conflict?
  8. Desparado

    OMB to GAO: Get lost!

    I see on the WIFCON site this morning that GAO is standing firm on its original position. I guess everyone hates to admit when they've made a mistake.
  9. Have you been to the DOL Wage Determination website? http://www.wdol.gov/
  10. Desparado

    Exercise an Option (SAF)

    When I was with DoD, we had many of those situations. What we would do is issue a modification within the prescribed timeframe to exercise the option stating it was contigent upon the availability of funds, and then on October 1st issue a second modification to assign the funding. Our contract attorney said we "had" to do it this way because if we attempted to exercise an option on October 1st, we couldn't do so unilaterally because the contract expired on September 30th. To me, it seemed like alot of extra work (2 mods times the number of contracts that you have that fall into this situation), but it has become the way that we did things in that office.
  11. Desparado

    GPC Program

    Pebbles, I would fall into that catagory that would not want to be an APC for anything. To me, not only could it be repetitive which would bore me, but I have seen people get pigeon-holed in GPC and never able to get a position back in "real" contracting. It's a specialty. Now if you're close to retirement, this may be the perfect job. The last APC I knew loved her job and stayed in it for the last 6 years of her worklife... then she retired happily. She would always tell me that no matter how many trainings were provided, people continued to misue the card either because they hit a "grey area" or just had to "get the job done" and deal with the reprocussions later. Not uncommon in DoD. If you are with DoD, be sure to learn/know the additional regulations that DoD and the Branch puts on their cardholders. Knowledge is key...
  12. Desparado

    Options question

    I want to thank everyone for the discussion. Lots of good reading here. I appreciate it!
  13. Desparado

    Options question

    Can you award a contract for a Base Item (x) and with Options to purchase other items (y and z)? For example, you wish to purchase 30 of x and to have options to purchase 15 of y and 13 of z within the next 8 months. x, y, and z are different items (but within the same industry and NAICS code). If you can do this, what FAR Options Clause would you include? The concept behind this was to purchase what you need and can pay for now, with the option to purchase the other items later without having to go out and do the competition later. Theoretically, the items have already been competed with the original solicitation and we could just exercise the options as the need and funds become available. Thoughts? Thank you, in advance.
  14. Desparado

    SF 1449

    I was always under the impression that the Award Date is the date that the Contracting Officer signs the document, and the effective date is the date that the contract goes into effect. For example, you could sign an award in November for a contract that begins on January 1.
  15. Desparado

    Size standard and options

    Everyone - thank you for your responses. They have been helpful. Carl - the link was especially helpful.. thank you!
  16. Situation (with fictional dollar amounts) An award is to be made to a company that is currently a Small Business ($5M in gross sales) when compared to the standard ($7M in gross sales). The solicitation was released as a Small Business Set-Aside. The contract is a Requirements-type contract that, if all options are exercised, will cause the gross sales amount to be $8.5M per year (base+4). Before someone asks why it was set-aside when the annual amount will be $8.5M, the IGE was way off (big surprise) and it was thought that the amount would only be $6M. Question: When it comes time to exercise the Options, is the Contracting Officer required to annually verify that the business still qualifies as a Small Business before it can pick up an Option? Or is the verification only at time of award of the base contract? Can this contract be awarded knowing that the amount is likely to exceed the size standard? Thank you.
  17. Desparado

    Size standard and options

    Formerfed. I tried to find that amendment to 13 CFR but was unsuccessful. Do you have a link to it by chance? Thank you!
  18. Desparado

    Size standard and options

    Well, wouldn't that defeat one of the purposes of setting things aside? To help the small business grow. If this is the case, a small business could never receive an award for a contract that would put them out of the small category... Don't most small businesses wish to make more money? Just thinking out loud. I tried to do some searching through decisions, but can't find anything that references this specifically.
  19. Desparado

    Contractor or Vendor

    Everywhere... sorry to sound so ambiguous, but I see the terms used interchangeably in SOWs, PWSs, RFQs, RFPs... everywhere.. Are they interchangeable? I was originally taught (probably wrongly) that a "vendor" was like the soda machine company or a hot-dog vendor, where they are allowed to sell on government land but must pay a percentage (or fixed fee) to do so... and that a "contractor" was a company that via contract provided a product, service, or construction to the Government for a price. Now as I'm getting a little older doing this stuff, I'd like to be sure of some of the terminology before I get too much farther... I looked in Part 2 of the FAR, but didn't see either defined. Then I did a FAR Search on one of the FAR websites and both terms are used frequently. Any clarification is appreciated.
  20. Desparado

    Buy American Act - Debriefing

    1 - What BAA clause(s) were in the solicitation? To me, the BAA is one of the most confusing pieces of legislation dealing with acquisition. What dollar threshold was the acquisition? 2 - FAR 15.506(d) covers what, at a minimum, the debriefing information shall include, and none of the items mentioned in Question Two are contained in that section.
  21. Or 8(a) sole-source contracts either. I do not see that it has to be "full and open", so things could be set-aside for competetive procurements using Small Business, HUBZone, etc.. At least that's how I see it... What will be interesting is that once this is passed, how long will it take the different agencies to read it, interpret it, and issue their guidance. Out here in the field, I won't know if this was Stimulus Money or normal annual appropriations... so I could inadvertantly violate the law. Woo-hoo!!
  22. Desparado

    Requirements Contracts

    I was always taught (right or wrong) that with a Requirements-type contract you have to purchase the items from the awarded Contractor. This would not work with a multiple award, in which case you would probably use an IDIQ type of contract(s). In the Requirements Clause 52.216-21 it states: ( c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. Now paragraphs d and e give an "out" for particular situations, but otherwise the Requirements-type contract should not be multiple award (or at least so says my old contract attorney).
  23. Desparado

    How Do You Feel About Your Work?

    With the stimulus package coming, and no additional workforce to work it, it's scary. The concept of throwing money at the problem can be debated all you want, but unless there is staffing in place to work the contracting actions associated with it, the recovery (if any) is going to be severely delayed.
  24. Desparado

    ORCA and 52.212-3

    Don, so do you agree with the previous posts that for a Commercial Acquisition, the completion of ORCA is voluntary per 52.212-3? I can't see how we can "require" them to do it if the provision states that they can fill out the paperwork instead. Thank you everyone for your input.
  25. Desparado

    ORCA and 52.212-3

    FAR 4.1201(a) states the following: (a) Prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102). ( b ) (1) Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA. (2) When the conditions in paragraph ( b ) of the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, apply, contractors that represented they were small businesses prior to award of a contract must update the representations and certifications in ORCA as directed by the clause. Contractors that represented they were other than small businesses prior to award of a contract may update the representations and certifications in ORCA as directed by the clause, if their size status has changed since contract award. ( c ) Data in ORCA is archived and is electronically retrievable. Therefore, when a prospective contractor has completed representations and certifications electronically via ORCA, the contracting officer must reference the date of ORCA verification in the contract file, or include a paper copy of the electronically-submitted representations and certifications in the file. Either of these actions satisfies contract file documentation requirements of 4.803(a)(11). However, if an offeror identifies changes to ORCA data pursuant to the FAR provisions at 52.204-8( c ) or 52.212-3( b ), the contracting officer must include a copy of the changes in the contract file. BUT... the beginning of Provision 52.212-3 states: An offeror shall complete only paragraphs ( b ) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs © through (m) of this provision. If I am soliciting for a commercial item and include 52.212-3, are the prospective contractors required to complete ORCA or can they simply complete paragraphs ( c ) through (m) of the provision? Seems contradictory to me. Thank you for any insight you can provide.