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Everything posted by Desparado

  1. Desparado

    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...
  2. Desparado

    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.
  3. Desparado

    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.
  4. 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.
  5. Desparado


    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.
  6. Desparado

    SBA Processing “All Small” Mentor-Proteges In Eight Days

    Perhaps I'm just a negative person, but I find this program very problematic. First, the title, "All-Small" is misleading because of the fact that it will be a large business that is the "mentor" in most if not all cases. I understand why that term is used but I still contend it is misleading. My biggest issue with this however is that this will create an easy avenue for pass-throughs. A large business can become a "mentor" to a small and then do the majority of the work and just pay the "protege" a nominal fee. Personally, I am not a fan of this program as I see that this has far too much opportunity for abuse.
  7. Desparado


    Vern, I appreciate the efforts you took looking into this! Perhaps it is just operator headspace and timing, but I am unable to find the html search feature on acquisition.gov/far. This is why I, and probably others, were frustrated when that site was taken from us. Although this discussion is now moot since we can again access the FARSite, I want to expand my knowledge about the acquisition.gov website. Are you able to share where the html search is hidden? I guess perhaps I am spoiled because on the FARSite it is right there in large font <lol> I agree the best way to search is by pdf but that creates new issues as well. Although it is the most thorough, it has drawbacks of own such as the fact it is not as easy to cross reference something as with the FARSite. For example, if I am researching a clause on the FARSite, the prescription is right there as a link that I can click and the reference instantly appears in another window. If that has another reference I can click on that and a new window with that reference instantly appears. That may seem inconsequential, but with time being a valued commodity any keystroke saved is worthwhile. It is a shame that the html searches under both the FARSite and acquisition.gov are lacking in thoroughness. Thank you again for your time looking into this.
  8. Desparado


    Vern - acquisition.gov works perfectly fine if you know the area which you are looking for. A listing of the FAR is a listing of the FAR. However, if you want to do some research on a term or phrase that site and are not quite sure exactly where it may occur in the FAR or various supplements, that site lacks that capability to do searches of that nature and so the farsite is preferred. Farsite can search a term or phrase not only in the FAR, but also at the same time search various supplements. That feature alone makes it preferable for many of us who are not as well-versed as yourself.
  9. Desparado

    DFARS- is the Hill AF Site down?

    I have seen on other threads that the Air Force is blocking non-mil IP addresses from accessing the site. If that is the case, I hope it changes soon!
  10. Check out this thread where the SAIC protest was discussed:
  11. Most GSA Contracting Officers aren't familiar with ordering procedures (sad, but true). That was one thing I found pretty amazing when I worked there. They are great at knowing their contracts, but not so much on ordering procedures for other agencies to follow, unless you are fortunate enough to get a CO that had worked for another agency before coming to GSA. There was an SAIC protest awhile back on this very topic and I will continue to search until I can find the protest number but basically it stated that the shipping was considered open market and so 8.402(f) applied in full. 8.402(f) states (emphasis added): (f) For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if-- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. Since this amount exceeds the threshold required for synopsis, it is my opinion it is required to be done.
  12. Desparado

    Option to Extend Procedures

    Is this a good understanding of your question?.... You have an MAS BPA that has options left but the MAS contract on which the BPA was awarded has expired. This GSA website (http://www.gsa.gov/portal/content/200549) may help. Look at the answer under "Is there a time limit on the length of a BPA established under a GSA Schedule contract?" You will find the answer to include the following: " An ordering activity that establishes a BPA shall conduct an annual review to determine, among other factors, whether the Schedule contract, upon which the BPA was established, is still in effect, and whether the BPA still represents the best value." I would simply state in a brief memo to the file that a review was done prior to exercising the option and it was discovered that the GSA contract is no longer in effect and therefore the option was not exercised. This is also covered under FAR 8.405-3(e), Review of BPAs
  13. Desparado

    Expiring Funds

    Vern's reference is a good one, so I second his suggestion to read it... Then have your budget/finance/resource people read it to make sure they don't do something with the money that they shouldn't do!
  14. Desparado

    Fully Burdened Rates for FFP Orders

    As I mentioned in my previous post, there were some of these contracts in place prior to my arrival as chief of this office. I did not state whether I supported or was against this method, but I thought to pooh-pooh it out of hand was interesting. I find this thread interesting not only in the situation that the OP stated, but also in a non-sole source (aka competitive) environment for a single award IDIQ contract. I am merely trying to gather the information necessary in order to make a decision on these contracts moving forward. I agree that I have to do some in-depth analysis as to the potential savings or lack thereof. I need information, and I appreciate that your have provided a large block of it for me to consider. Our agency tends to try to avoid cost contracting at nearly all costs (pun intended), but T&M isn't any better in my opinion for the reasons cited earlier. The administrative convenience should have also included the additional work/costs to administer cost-type contracts, but again... in-depth analysis is required. I appreciate the conversation and thank you for the time you took to prepare such a detailed response.
  15. Desparado

    Fully Burdened Rates for FFP Orders

    Since nobody else here has volunteered to be the "dummkopf", I will fill that role. When I arrived at my current agency to lead their regional contracting office, I found they used this exact approach for some of their IDIQ Task Order work. With the labor rates fully burdened and fixed, the only thing left to negotiate is the labor mix and level of effort. Please be kind if you call me any names since I volunteered to be the scapegoat of the conversation, but I did not see anything to be as horrifying as you have expressed. Why is this such a god-awful approach? Why would you want to negotiate labor rates, G&A, and profit every time you want to issue a task order? Yes, I think the main reason they did this was administrative convenience, but when you compare what costs you might save in all those negotiations and the time spent to do so, I don't know that you would realize any true savings. In fact, the opposite may be true. Okay, feel free to bash me, but please be kind in the name-calling... I can be sensitive sometimes <lol>
  16. Desparado

    Fully Burdened Rates for FFP Orders

    There is one place where there is some comparison. One of the main issues being raised here is the thought that contractors cannot forward-price for 5 years on a fully loaded labor hour basis. That is exactly what they must do on GSA MAS service contracts. Yes, they can go lower, but they can not go higher than the previously negotiated rates, which are done in 5-year increments.
  17. Desparado

    Fully Burdened Rates for FFP Orders

    i find all the objections to fully burdened labor rates on an IDIQ contract interesting, especially considering that is what the GSA MAS service contracts have been doing for more than a decade. Not trying to start anything... just making an observation.
  18. Desparado

    Is The FAR Enforceable

    With this recent development http://www.govexec.com/oversight/2016/06/federal-court-agencies-can-punish-employees-refusing-break-rules/129000/?oref=top-story is the FAR even something we as contracting officers can enforce. I know this case is unique and focuses more on the Whistleblower Act, but doesn't it set a bad precedent? Doesn't the FAR come from the U.S. Code and is therefore law? I always thought so but that is my ignorance apparently. This one just blew me away. What does this do for contracting officers who rely on the FAR to say no to requiring activities and supervisors when they want us to do something wrong?
  19. Desparado

    Made in America on GSA

    I would reach out the GSA contracting officer for that contractor's MAS contract. When I was at GSA we received complaints like this all the time, as well as TAA complaints. Since each CO deals with over 100 contractors, and each contractor can have thousands of items on their contract it is impossible for the GSA CO to monitor this. However, if you raise it to their attention they should be able to investigate.
  20. LM: Without the details I am just going to give you my knee jerk reaction to your initial post. I would be vary wary from a technical acceptability standpoint. If these positions are listed as "key positions" I would imagine the government's intent is that they focus on this project. That would be difficult if not impossible to do if they are already full-time on another project. Now if it were a program manager that may be a different story since they may be able to manage both projects, but you'd need to do some extensive elaboration in your proposal to convince me of that. Then, as Navy pointed out, questions could easily come up that perhaps they shouldn't be charging time to the first project if it doesn't require 100% of their attention. I think you may open yourself up to issues you don't want to deal with if you propose in this manner for the second project.
  21. Having been previously at the VA, I can tell you this is pretty standard for a commercial purchase of a supply. Sad, but true. I would have trimmed it down a bit by including 52.212-1 and 52.212-4 by reference which would have cut about 12 or so pages, but the lovely VAAR requires all the extra VAAR clauses. The contract specialist here did make a few errors but for the most part this is pretty much a standard RFQ for the VA if going name brand or equal. The VA's duplicity and idiotic extra requirements always bothered me when I was there. For example, why have VAAR 852.211-73 when you already have 52.211-6?
  22. Desparado

    GAO: Awardee Not Required To List Specified NAICS Code In SAM

    Simple. Lazy contracting officers trying to verify if a business truly is small based on the NAICS and so if that specific NAICS is listed, it's easy to do. Some COs even make that a solicitation requirement.
  23. Wow, it seemed like I missed all the fun! I guess once a poster is banned their old posts are deleted. That's understandable but at the same time a shame. I would have liked to see their side of the story.
  24. What you are referring to is GSA's FAR 51 Deviation. You can read about it at http://www.gsa.gov/portal/mediaId/202559/fileName/MAS_DeviationOrderingGuide_121514.action You will find the following in this guide: When purchasing from a Schedule contract, purchase items at the Schedule contract price (or lower) with no fee/surcharge/markup. If items are provided by the selling contractor at lower than the contract price, the buying contractor must pass on the savings by invoicing the Federal Government accordingly. So, in short if you are purchasing off of GSA for the government, you cannot mark it up one single penny.
  25. Desparado

    Should Training Classes Be Required?

    The additional costs that I was thinking of are for all these 1102s that switch specialties. Many agencies use the silo approach to contracting. Under this scenario when someone gets a promotion or transfer and moves from products to construction, or to services, or to some other specialty they would need to get another certification. If they don't test out, that means more dollars for training. I'm not saying that's a bad thing, but the extra cost is something that would need to be figured into the decision process.