Desparado

No, I don't think the bill would allow for the use of FAR 6.302-1 at all. As written, the bill wouldn't allow for HUBZone or SDVOSB sole source awards, either.

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!!

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).

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.

That's wrong. The only FAR clauses required in a commercial solicitation are FAR 52.212-4 and -5. The requirement for CCR registration is stated at FAR 52.212-4(t).

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.

I believe that will depend on the contract. As the COTR, you should have a copy of the contract and if so you should be able to discern from the PWS the type of work the Contractor is to provide. If the courses are listed by course number/title, you may have been told correctly. For example, if the contract contains something like this:

CON100 - Contractor shall provide one (1) week of instruction IAW DAU standards and criteria... (this paragraph would be long).

Then all you should have to do on your Task Order is to state that the Contractor is to provide CON100 instruction in accordance with the PWS and the dates of the instruction.

If the contract is not that detailed, then you would need to detail the instruction to be provided in your task order. How else can you hold the Contractor to what they are supposed to provide?

Hope this helps.

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.

The Government is willing to pay 5% more to award to a business with a socio-economic category than it is a large business. Anything greater than 5% is not considered "fair and reasonable".