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Desparado

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Everything posted by Desparado

  1. Joel, The table also states that for ratings above Satisfactory that, "Performance meets contractual requirements and exceeds some to the Government's benefit", so imho simply delivering the product on time with no issues would not warrant anything above a Sat. However, if they delivered it early (like in the example provided by Constricting Officer) that could warrant a higher rating. I force my staff to justify to me whenever they want to give a rating above Sat how the performance was exceed to the Government's benefit. There are too many COs and CORs that simply give out an Exceptional for doing what we contract a company to do.
  2. Desparado

    Coronavirus Impact

    This is an ever-changing situation as the government not only figures out how to deal with it's workforce, but also must consider how to handle it's contractors and their ability to perform work.
  3. Interesting prospect. What would be the bona fide need to use appropriated dollars to pay an unsuccessful offeror not to protest? How much of that 9-figure dollar award amount would be considered fair and reasonable to pay? I would think that a company would at least want 7 figures. Would that be good use of taxpayer money?
  4. I review the forums about once or twice a week and if I see a question that is within my area of knowledge to respond to, I do so, but most of the time I just read and learn. There have been times in the past that I've felt somewhat intimidated by the responses to my responses (or at times, questions) but I just remember that this is anonymous and I move on. I always recommend this site to my staff and our contract attorneys and although not all take me up on my recommendation, some do and have reported back with positive feedback. I definitely appreciate this site!
  5. Sorry, I have been lifelong on the 1102 side and no desire to go to the program side. I am only responding because I see it's been 24hrs and nobody has chimed in. Didn't want you to think we don't care!
  6. I've had both the positive and negative results with telework. I was a director of a contracting activity that went to 4-days a week telework. I then went to an agency where teleworking was more limited. Here are some of the pluses and minuses from my experience. Plus - Productivity increased dramatically. No lost time BS'ing around the office about who won the game or who got voted off Survivor. People were better able to focus on their projects. Made evaluations based on performance so no real issues there (just because you see a butt in the seat doesn't mean they're working). Sick leave usage dropped. How many times have you been too sick to get dressed up and drive into the office but not too sick to be productive? This way you can stay in your jammies and still get work cranked out. Minus - No opportunity to learn from others' experiences. The amount of knowledge that can be gained by hearing others talk about an issue you are also facing is immense. Also, no chance to build/shape an organizational culture which is often vital when trying to implement change. Tough to integrate new employees into the workforce.
  7. The Government may be asking for labor rates in order to help them determine whether the price of the change order is fair and reasonable. For the contract, I am going to assume there was adequate competition so that the CO could determine the total price to be F&R based on that competition. Now there is a change being ordered/requested where he/she won't be able to determine it to be F&R based on competition because there won't be any. In order for the CO to ensure that the amount of this change is fair and reasonable without competition, they must use another method. The most common method that I've come across in my career is to ask for the information that the Government is asking you, so that they can determine that the rates being charged and the level of effort are acceptable enough to make that F&R determination. Without that F&R determination, the CO should not make award.
  8. I find this thread interesting that so many good contracting minds and we cannot even come close to consensus on whether this is a service or a supply... Personally, I would not call it a service and even if I were pressed into calling it a service, I would still argue that SCA doesn't apply since there are no employees. If SCA doesn't apply, then you should be able to use the GPC since the $2,500 limit wouldn't be applicable. So call it what you want, you should still be able to argue that you can use your card.
  9. Honestly, I don't agree. To me costs for travel should be reimbursed to the extent of the FTR and although they can and should get G&A, I don't believe that fee or profit should be given. Just my opinion.
  10. Joel, Sorry it's taken me a bit to get back to you... life and all.. Sadly, I lost and we are having to develop IGEs for work that we can't even define yet (both later-to-be-funded tasks and options) as the powers that be are convinced that if we don't we will have "unpriced options" that essentially are sole-source task orders. So now we develop an IGE with our assumptions, get a cost proposal from the most highly qualified contractor and negotiate. I totally concur on all your other comments.
  11. I found this conversation to be interesting... I do have a follow-on question if allowable. We have a contractor that is trying to request fee (aka profit) for travel costs. I can understand G&A to a point, but is fee permissible? I was under then (perhaps incorrect) impression that travel should be reimbursed per the FTR/JTR but with no fee/profit.
  12. jl - I prefer all the 8(a) contractors in a large room, and then the government program people can rotate from table to table to talk with them about their capabilities. we won't have time to schedule a bunch of one-on-ones, individually scheduled. This way the firms are all together (so perhaps they could even network among themselves, don't care if they do or not) and the program peeps can simply learn about each firm. Sort of like the old GSA Expo, except MUCH smaller and more focused.
  13. Thank you. I have been burned by allowing the SBA to select a firm before, so I would prefer to know of several firms that can do the work that we do and their capabilities so should a time come in the future, we have increased knowledge in this area. I really would prefer to have several companies tell us at once as opposed to a parade of companies telling us over several days/weeks, which is why I thought an I.D. would be perfect.
  14. The reason is to expand our knowledge about the capabilities of 8(a) companies in this field. It is not a presolicitation conference.
  15. Thank you... I don't know that a web-conference will work because this isn't about us telling them things... it's about us learning about the capabilities of companies out there.
  16. Thanks jl. I had some concern that if we did request the one-page statement and then didn't select a company, could there be any negative repercussions from that? I appreciate the prompt response!
  17. Situation: I am considering holding an 8(a) Industry Day for my regional office. It will be for 8(a) companies that work a specific NAICS that our organization uses. There is no specific solicitation or requirement on the street. We are merely interested in learning about companies' capabilities should a sole source 8(a) opportunity occur (which does about 2-3 times a year). Problem: Space is limited so we could can only permit a limited number of companies to participate Question; Is there a required process in order to assure fairness to allow/disallow companies to participate, or is "fairness" even an issue in this situation?
  18. The examples you list are different (imho) to the government formally giving out information to only a select few contractors. There is a reason that after questions are submitted in writing, the answers (and questions) are posted to FBO. In order to maximize competition and keep the playing field level (aka, fairness) I would not disseminate information this way. But that's just me... Now, having said that... I do see a way this can be done fairly by posting well in advance that the call would take place, and then follow up with posting the key points of the call on FBO.
  19. So how does the playing field stay level if someone doesn't attend the conference call but still wishes to submit an offer? Sometimes we do things because it's an appropriate way to do them.
  20. The same language exists in 52.217-8 and always causes issues as some feel that you have to wait "within" 30 days (or whatever number you put in the blank) to exercise that clause, and others feel that it has to be prior to that time frame. Legalese and English are not synonymous.
  21. Sadly, this is an actual situation. Multiple award IDIQ A&E services contracts.
  22. Lawyers appear to be on board with the "some" as well. Small agency, limited A&E experience.
  23. Everyone's assumptions above are accurate. It is a multiple award IDIQ contract for A&E services. We do a QBS competition where the most highly qualified firm is selected for task order award IAW 36.6, but as a task order also has some 16.505 applicability.. The "some" people in my organization feel that no contract, task order or anything can be awarded without being priced, period... I appreciate all your input. It has been informative.
  24. Don - I agree with you, but unfortunately that is the battle I am fighting (and losing). They won't allow unpriced anything.
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