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Desparado

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Everything posted by Desparado

  1. Posting Justification Requirements Below SAT

    It varies from agency to agency. Some agencies do exactly as Boof stated, while others have more stringent requirements and all justifications above the micro-purchase threshold are required to be posted. I would recommend checking with your agency's supplemental guidance.
  2. So Long Sea Box?

    I've always been curious why, especially for an RFP where contractors are given 60 days or longer, contractors typically wait until the last day (or in some cases, the last hour) to send in their proposals? I would think if you are putting in that time and effort for a contract worth thousands or millions of dollars, you would want to get your proposal in a few days early just to avoid situations such as this.
  3. Electronic Submission of data

    I don't know that a contractor can "demand" a government employee to do anything, much less access a contractor-owned system. Since the solicitation is required to state how a potential offeror shall submit their proposal (and accompanying data), I would not think that a contractor can require the government to utilize their system (unless such an arrangement is allowed for within the solicitation). The solicitation is the "source" that you seek. What does it say?
  4. Be very careful here. This is where GSA and the DOJ have a field day with the False Claims Act. If you withhold disclosure of a customer or group of customers that would have revealed a different BOA, then you can open yourself up to a FCA violation. Also, if you sell to a non-BOA and the price is lower than to your BOA and you did not disclose that information, you could be considered in violation of the FCA because the logic used is that if you had disclosed this other customer or category of customers, they would have been the BOA and not the one declared. It is best to disclose all discount sales information. GSA will attempt to negotiate to their best advantage, but so will you. You can argue why a certain customer or category of customers should not be declared by BOA, but if you just withhold the information and it is discovered later in an audit or by a whistleblower, you could pay some hefty fines.
  5. FBO - Interested Parties ,check box

    Some contract writing programs that some agencies use do not give the contract specialist the option on whether or not to have the check boxes available. This is why you may see them on sole source acquisitions. The system simply has the boxes available on all postings.
  6. Vern - It is odd, but the way GSA operates the FSS program is that every time an update to an FSS Schedule solicitation is done (called a "refresh"), electronic modifications go out to all the FSS contract holders that carry that particular Schedule. So, the easiest way to see a current contract is to look at the current solicitation. Back about 3-4 years ago, GSA initiated the "Goldstar" initiative which allows everyone to see what clauses are in a particular schedule/contract by utilizing GSA Elibrary as Metteec mentioned. Since some of these contracts go back more than a decade (5 year base period plus 3-5yr options), it is actually easier to use Elibrary than it is to get a copy of the contract plus countless modifications.
  7. CAGE code on GSA orders

    Number 2 there sounds like you are talking about resellers/distributors. I have ran across that situation as well. When you reference the GSA Schedule contract number in FPDS-NG, it will automatically pull in the DUNS/CAGE from the GSA award. If that doesn't match the DUNS/CAGE you put in your contract writing system (example: a reseller or distributor) then you will have the situation you describe. I used to tell resellers/distributors that the order has to be written to the GSA Schedule contract-holder and that we could put in a line on the order somewhere that lists the resellers name/address, but that's all we can do. The credit for the sale would have to be worked out internally between the Schedule-holder and the reseller/distributor. As far as (1) goes, all you can do is inform people where the information is (GSA eLibrary). The due diligence to verify the information is on the CO.
  8. CAGE code on GSA orders

    Why would the award and the FPDS have different CAGE/DUNS? The DUNS number awarded to a specific contract can be found within GSA's eLibrary (www.gsaelibrary.gsa.gov/), so it should be easy to make sure that the award matches the right DUNS for the GSA Contractor.
  9. Government Purchase Card Above Micro Limit

    It also depends on if the card is being used as the payment method, or both the purchase and payment method. When I was with DoD, we used the card as a payment method for several contracts, some of which had monthly payments of several hundred thousand dollars per month.
  10. GSA & Open Market pricing

    Everyone that has previously posted is correct, but I can see where you might be confused. Let me attempt to simplify. Can you just buy the open market item based on the response submitted?: No. Since it is a "vehicle", I am going to make the assumption it is greater than $25k, and per 8.402(f), you would have you to meet the solicitation and publicizing requirements for an open market item above $25k. Can you just buy the one that is on Schedule and buy the other one from another offeror?: In my opinion, yes. As this is a Schedule buy, 52.212-1 was included in their original GSA solicitation and therefore is applicable to orders under it. Can you just bypass the non-conforming offer and go to the second lowest?: In my opinion, yes. You do not have to accept an offer that includes open market items. Nothing is "automatic". You have to make an assessment of the situation and the offers received, and make the best business decision for your organization.
  11. bpa pricing

    Michael11 - I agree with your post #5. I think you have it down!
  12. I would disagree. The government put in those "levels" because they felt that is the minimum required to perform the service. To get the award based on meeting those requirements and then switching to lower-qualified people would be at best unsavory, and at worse a contract breech. Even if it is not written in the task order, it is what was required in order to get the award and what should be maintained throughout performance.
  13. What is included in the RFP and resultant task order? The general purpose of an RFP is to state what the minimum qualifications throughout task order performance. The government typically isn't interested in a contractor proposing one set of employees and then switching them out for employees that don't meet the minimum qualifications (bait and switch, if you will).
  14. To answer the question, a "D&F" is not required, however a determination is required. I know it is incorrect, but for many contract specialists a "D&F" and a "Determination" are the same thing. Hopefully that thinking will change someday, but for now it's a very common misunderstanding. As C Culham noted in post #11, one of GSA's requirement is that "Prior to exercising an option, the ordering activity ensures that it is still in the government's best interest, i.e., that the option is the most advantageous method of fulfilling the government's need, price, and other factors considered". That would need to be done via a determination. Not a "D&F", but a determination.
  15. H2H... You summarized it well.
  16. Metteec - Although I can't profess to know how GAO would think, considering that a contractor charging more than what is on their FSS contract would be a violation of that contract, I would think that GAO might sustain a protest. However, GAO rarely looks at FSS task orders unless the value exceeds $10M or there is a claim that the government did not evaluate in accordance with their solicitation. I do not agree that the fixed labor line items are an element that constitutes scope, or if so it is a very minor one. The scope of an FSS contract is fuzzy at best and the scope is really defined at the task order level. The Special Item Numbers (SINs) that GSA uses to define scope are very broad and in some cases knowing exactly what is and what is not within scope is difficult to determine. Now, if it absurd happens (like a contractor uses custodial worker labor to be a computer programmer), then that would be another story.
  17. Apsofacto, Since many government agencies require Firm-fixed pricing, what a GSA Schedule holder can do is create a FFP quote based upon their already agreed upon FFP rates. If/when the GSA OIG goes to look at the contractor's records they will require that the company breakdown the FFP pricing to ensure that the contractor didn't overcharge when putting together their FFP quote. However, there is no requirement that a government CO do the same thing when purchasing off of the Schedules. There are some that will, but it is not required.
  18. Slight correction... They can charge lower than the Schedule rates, just not higher. So technically it is not the "only" rate that can be charged.
  19. With the GSA Schedules program, the prime/sub is very different from standard contracting. In short, there technically are no "subs" in the traditional sense. The rates are already in the GSA Schedule holders contract and have been determined fair and reasonable and are the only rates that a Schedule contractor can charge. They cannot charge a different price for subs. They cannot charge an administrative fee for subcontractor oversight. Although the rates are already F&R, you will have to make a level of effort F&R determination IAW FAR 8.405-2(d). Please note that if you are with a DoD agency, the DFARS has a deviation in place regarding pricing issues. This is one of the things that is supposed to make the GSA Schedules program easier to use, although it creates headaches for the Schedule holders.
  20. How can I become an 1102?

    DC1911... Check your resume. Does it emphasize your ability/experience in contracting? Does it show you can can make business/contracting decisions independently? Does it show you know how to research the FAR, the CFR and other contracting resources? I am trusting that since you have had several interviews that you are taking good notes afterwards to apply to future interviews. Before going to an interview, do you research the agency/office, try to learn what they do, and discuss some of that in your interview? I have sat on several interview panels and it is surprising how little research many applicants do prior to walking in the door. They expect they can just "wow" us with their smile and good intentions. Show that you WANT the job by putting in some effort before you walk in the door. I hope this helps.
  21. Protest and discussions?

    Whether their protest would be timely or not is another issue. I would think that it is not timely. However, working on the assumption that it is deemed timely... To me, the most important question will be, "How was the company that didn't offer a preapproved item considered the most highly rated over two companies that did offer preapproved items?". What were the evaluation factors? Answering those questions will give you an indication as to what their chances are.
  22. Vern, as some of these "protests" are filed with GAO, there is a belief among the lawyers at my agency that 33.1 applies.
  23. I guess I'll play the role of Vern's idiot. Couldn't a size protest be considered, "a written objection by an interested party to an award or proposed award of the contract" ? Aren't they in fact protesting the award of the contract because they assert that the awardee does not meet the size criteria?
  24. HUBZone JV

    According to 13 CFR 126.616 (emphasis added) (a) HUBZone joint venture. A qualified HUBZone SBC may enter into a joint venture with another qualified HUBZone SBC for the purpose of submitting an offer for a HUBZone contract. The joint venture itself need not be certified as a qualified HUBZone SBC. The problem this creates is that if the joint venture is not certified as a HUBZone in SAM, it does not show as a HUBZone in FPDS-NG, which means that the awarding agency gets no socioeconomic HUBZone credit for the award. We are now in this situation as we did a HUBZone set-aside, received an offer from a HUBZone JV and now we have discovered if we award to that JV, we will get no HUBZone credit. We conferred with the SBA and were told they would not certify a JV because they don't have the resources to certify every HUBZone JV that is created. The "workaround" they recommended was to award to one of the two HUBZone companies that comprise the JV. That raises concerns for us as that would be a different legal entity than the one that submitted the offer and we believe the next lowest offeror would protest. Has anyone else ran into this? What did you do?
  25. HUBZone JV

    Just to complete this topic, my agency had to work with the SBA, GSA (for SAM) and FPDS-NG in order to "hard code" the JV as a HUBZone company so that my agency can receive the appropriate socioeconomic credit for the award. Sad... but true.
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