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Everything posted by Desparado

  1. Contractor’s Email Leads to Lost Contract, Denied Protest

    This wasn't a matter of the Government being a "500lb gorilla". It is the matter of the Government's ability to determine its needs, and not the contractor's right to deliver whatever the heck they want to. There are several legitmate reasons that the Government may have only wanted 4,000 gallons instead of 7,500. Perhaps they were only funded for that amount? Perhaps that was the amount that would carry them to fiscal year-end? Perhaps that was all they needed at this time? Whatever the reason the Government should always have the right to determine its need.
  2. Nena - I would say based soley on the information provided here that your company would be in violation of its "good faith efforts" required by subcontracting. Under a GSA MAS contract, large businesses are required to submit a subcontracting plan. The fact that your company is owned by a parent that also owns your sister company is irrelevant. Your company has the GSA MAS contract and so the responsibilities are for your company. Therefore, GSA will see it as your company subcontracting to another large business and by doing so where is the good faith effort to utilize small businesses? Are there no parts of the service that can be subcontracted out? Can your sister company get a GSA MAS contract so that they can self-perform the work instead of being a sub to your company?
  3. www.farsite.hill.af.mil

    With the exceptions of 52.252-1 and -2 (and any other place that may stipulate the requirement) where it is required to include a link to where the full text can be accessed electronically...
  4. LPTA Question

    Doesn't it become definite to some degree when it is put in writing and submitted as part of a proposal?
  5. LPTA Question

    Joel - Did I understand you to say that you do construction contracts as PBA?
  6. LPTA Question

    I guess I am not a fan of "true" PBA acquisitions then. I have no problem with letting the contractor (the ones with the most technical knowledge) determine the method for accomplishing the task during the proposal stage, but when a methodology falls into areas where the government might have concerns I am not willing to give them full lattitude to unilaterally change their methods mid-stream. It's one thing when you're talking about how to accomplish office work or IT projects, but some areas are a bit more sensitive and once an approach is approved it should not be changed unless the new approach is also approved. My goal is to give the contractors the ability to propose their technology/approach up-front and then proceed from there.
  7. LPTA Question

    Thank you Joel and RTF..
  8. LPTA Question

    Vern - As always, thank you for your input. You've given me quite a bit to think about. I'm not ready to change my mind yet, but you've given me food for thought, which I always enjoy. Consider my chain pulled. Weno2 - My agency isn't ready for SOO. Heck, they're barely ready for PBA as evidenced by this conversation.
  9. LPTA Question

    Vern - I do... and I appreciate the head's up. However, playing devil's advocate... I would argue (splitting hairs) that we are still in compliance. The acquisition is "structured" around the results to be performed and we do describe the work in the PWS by the required results rather than the "how". However, I do still believe that the contractor should be held to the methodology they propose because otherwise the government is opened to a bait-and-switch tactic with methodology just like some contractors love to do with their proposed staff (which is why I never want to see resumes). I always respect your input and I see your point, but I respectfully disagree and still feel that I am ok with my staff coding this acquisition as performance-based because we structured the acquisition around the results and defined it as such in the PWS. There mere fact that we hold a contractor to the method they propose does not negate it from being PBA, imho.
  10. LPTA Question

    Napolik - Thank you very much for the GAO decision that was just released yesterday. It was very timely and to me very applicable. I appreciate the head's up! I was surprised that the Army, which of course falls under the DFARS, used a subjective determination in their evaluation criteria but I think it is great and should be an example that just because it is LPTA doesn't mean that it has to be simply a "did they send in something" approach and can have some actual subjective evaluation associated with it.
  11. LPTA Question

    Don - The acquisition is still structured around the results and the contractor is determining the methodology used to achieve those results. The fact that we are holding them to what they proposed doesn't negate the project as being performance-based, imho.
  12. LPTA Question

    Thanks Napolik. I will definitely read that one!
  13. LPTA Question

    Don - The contractor is proposing their approach. We are merely evaluating that it will be technically sufficient. I see no issue with it still being performance-based simply because we want them to tell us how they are going to do it up-front.
  14. LPTA Question

    Don - Yes.
  15. LPTA Question

    Thank you Vern. Although some of those do not apply to the project being acquired, it definitely points me in the right direction. This really isn't about staffing so much as it is about the technical approach (the actual method they will use to accomplish the task). I appreciate everyone's input. Thank you.
  16. LPTA Question

    Ok, this is where it gets tricky... again, I can't go into specifics but I enjoy the intellectual conversation... What about something like: Offeror's technical approach will be evaluated on a Pass/Fail basis. The technical approach will be evaluated to determine whether it is technically sufficient in that it provides an approach that will accomplish the tasks stated in the Performance Work Statement within the timeframe specified. Specifically, the following will be evaluated on a pass/fail basis: A) Technical approach - The approach must demonstrate a methodology that is proven successful as demonstrated in the accompanying projects (we have them submit 5 projects within the last 5 years where this approach was used successfully). B Timeline - The approach must demonstrate the ability to complete the project within XX days as required in the PWS. Because really, that's all we are looking for... a proven approach that will get the job done within a specific timeframe.
  17. LPTA Question

    Thank you all for your comments. My goal (apparently ill-fated) was to have a PWS that states clearly what the objectives of the project are and for the offerors to provide how they would achieve those objectives. I do not want to compare one approach to another and am not willing to pay more for one approach versus another, but merely wanted the TEP to be able to evaluate whether an offeror's approach will meet those objectives on a pass/fail basis. Regardless the approach, if it was technically acceptable, they would get a "pass" and then the award would go to the lowest priced offer that achieved a pass rating.
  18. LPTA Question

    To answer your first question, I haven't and the reason I am asking is that Legal is throwing up a potential roadblock because she feels that in a pass/fail situation the criteria needs to be plainly stated and crystal clear. I feel that our TEP should be given the lattitude to evaluate the offers with their knowledge and make a determination whether the proposed method is technically acceptable or not (in accordance with the performance criteria of the PWS). Granted, vague and subjective are not the same, so do you feel it is too vague? She felt that it was not specified enough as to what the offeror would have to do in order to meet that bar and get a "pass". She felt that an offeror could come back and say that, "well, I proposed to do it this way and you failed it but I believe it is sound and so I will protest", which of course any contractor can do. She is concerned that if they did we are at risk because we didn't specify precisely enough where that pass/fail line is.
  19. A little guidance/advice please

    Depending on your current family/life situation (already discussed) I would recommend staying in, getting that retirement locked in and then going into the market, whether in the private or public sector. In the Government there has been and will continue to be a shortage of 1102s and so the opportunities will be there. I just peeked at USAJobs and there are 156 announcements for 1102s under the categories of "Any US Citizen" and "Veterans", and that's just today. More are added every day. There won't be a shortfall of opportunity to get into the field. Now, grade... that's a different subject. You can have a great career in the government, but you won't get rich doing so (aside from wise investments of course). The grades on these annoucements ranged from GS-7 ($32k) to GS-15 ($119k) and all places in-between. When applying through these avenues your prior military experience as a 51C will give you an advantage over most that will apply. I recently filled a GS-12/13 vacancy with a prior military contracting experience and I'm thrilled with the production I get from that person and wouldn't hesitate to do so again. Even if you start lower you can rise quickly if you're good and if you're mobile. I've seen people shoot up from GS-7 to GS-15 in a matter of 10 years so upward mobility shouldn't be a problem. All that being said, you've invested 15 years of your life with the Army. For 5 more years you can get a lifetime worth of monthly checks and medical benefits. I am currently civil service but I am also retired from the Army Reserves. This means I don't get military medical until I turn 60, and believe me... even though I get "GS medical benefits" I am looking forward to the day I can get the military medical! It's cheaper (even if not close to a military facility) and more comprehensive. Whatever you choose... good luck!
  20. Let me take Seeker's question and expand upon it just a bit. What do these people "vote" on? Aren't they supposed to come to some type of agreement and then pass on their recommendation to the SSA? Is that what the "vote" is for? What are they "voting" on? Is it a case where 4 people say that Company A should be rated as Exceptional and 3 people say Above Satisfactory and majority rules? I've been doing contracting for awhile now and I've never seen an actual vote taken.
  21. GAO: Late Is Late–Even If Agency Server Malfunctions

    It always amazes me how many times an offeror will wait until the last possible moment (in some cases, literally the last few minutes) before submitting an offer. I've had people walk in the door 3 minutes late to a bid opening and complaining because their watch had a different time than the clock in the bid opening room. Crazy...
  22. Another Big Win For Vets: SDVOSBs Trump AbilityOne At VA, Court Rules

    "...must purpose certain products and services from designated non-profits that employ blond and otherwise severely disabled people." I'm so glad that I am dark-haired! On another note, the JWOD/AbilityOne program helps a lot of people with disabilities and so a win for the SDVOSB can also be seen as a loss for the disabled.
  23. Meaningful debriefing

    Were the technical requirements (and the documentation required to be submitted in order to meet them) not clearly spelled out in the solicitation? We do LPTA quite frequently and ensure that we are detailed in what we want the contractors to submit in order to demonstrate technical acceptability. If it is unclear in the solicitation phase you can ask the CO questions. Oh wait, you did that.. When you asked, was your question specific or something general like, "How do we meet technical acceptability?" If it was general then yes, you will always get the canned general response of "read the solicitation". If you can word your question to be more specific to what you are needing, you have a higher probability of getting a response that will be worthwhile.
  24. Why not just suggest to "the guy" that he send a resume to the contractor without the government getting involved with the contractor in any way. That way it there is no perceived influence by the government on the contractor. If the guy is truly good, the contractor will probably hire him.
  25. www.farsite.hill.af.mil

    Thanks Vern. I guess it is a matter of preference. I find the search features at the FARSite much more user-friendly. It does concern me however that none of the searches (other than downloading a pdf and searching that way) yield thorough results. Again, I appreciate your time.