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Everything posted by ji20874

  1. el conejo, You don't need a citation. The protester didn't give you a citation. There is no basis for the protester's argument, so the protest can be denied because the protester failed to establish the basis of the protest.
  2. Dear Sir (or Ma'am), i am in receipt of your protest to the agency of our award of a task (or delivery) order to _____ for __________. The basis for your protest is that we relied on your quotation of 8/18/2017 in evaluation and award process, rather than your quotation of 6/29/2017. Your quotation of 6/29/2017 was sought for market research purposes, and was used for market research purposes. Your quotation of 8/18/2017 was sought for a purchase, and was used for that purpose. Your later quotation (of 8/18/2017) was materially different from your earlier quotation (of 6/29/2017). One supposes you could have extended your earlier quotation if you wanted us to use it for our purchase, but you did not. Instead, you provided a new quotation. We reasonably used your new quotation for our evaluation and award process. There is no basis for your argument that we should have used your earlier quotation instead of your later quotation for our evaluation and award process. Your protest is denied. i appreciate your interest in Government procurement. /s/ Contracting Officer
  3. When the question is the authority that someone relied on for a specific action taken by that person, the very best answer is to ask that person. Asking the contracting officer directly is very good advice -- sometimes it's the best advice.
  4. Please ask the person who sent the e-mail.
  5. No. That is not a partial set-aside. Rather, that is reserving some awards for small businesses. See FAR 19.502-4, where reserves are covered by para. (a) and set-asides are covered by para. (b). I am supposing that Alliant WAS NOT a partial set--aside.
  6. J&A Requirement

    FAR 6.302-1(c) refers only to products, not services. The original poster seems to be talking about services. Therefore, I don't think FAR 6.302-1 applies in this scenario where a small percentage of the contract is for work on items which must be performed by the item OEMs. The solution may be as simple as a statement of work blurb saying that the needed services must be performed by the OEM or one of its licensees or dealers. This may be true because of product warranty or similar considerations. I'm thinking that a J&A is not needed.
  7. napolik, Maybe the Alliant contracting officer didn't have a reasonable expectation that small businesses could fulfill the entire requirement. I'm supposing, but that would be a valid reason.
  8. page limitations on proposals

    As long as the Government is expected to read and understand every word in a technical proposal, and unsuccessful offerors will try to re-do the technical evaluation in a protest, then page limits make sense.
  9. page limitations on proposals

    I think there is some merit to 1, 3, and 5. And in the current environment, tight page limits generally make sense.
  10. Your CEO can condition the discount on a minimum -- such as $100 each for units 1-500 and a 10% discount for quantities over that. You need to treat this as a business proposition and play ball, or walk away for other opportunities. Or, pose the question directly to the agency.
  11. Does para. (c)(4) of the clause at FAR 52.215-1 (or other similar provision in your solicitation) help you?
  12. Joel, I didn't say anything about the way we've always done it. Perhaps your comment to me was mis-addressed?
  13. Waiver of Amounts Due the Government

    Maybe there is another way to look at it, in order to make it okay? At least it is mutual and works both ways. I suppose both parties could agree, for administrative efficiency and to avoid nickels and dimes, that any amounts due by or to either party will be rounded downward to the nearest $500 increment -- so $415 gets rounded down to zero and $1,215,412 gets rounded down to $1,215,000. If so, then they could agree to limit the effect to closeout. Since the clause has been in effect for 22 years, and since there was probably a legally sufficient determination at the first, and since it has stood the test of time, I'm willing to leave it alone. I say this as a contracting practicioner, not as an attorney and not as a party that would be aggrieved. I suppose anyone wanting to object to the clause should do so before proposals are submitted, rather than after contract formation.
  14. Joel, You may err in your conclusion -- this is not a design-build discussion; rather, this is a FPI discussion focusing on whether the target and ceiling prices may be different.
  15. I'm not aware that a D&F is required for competitive multiple-award contracts. A D&F for what?
  16. While it is common practice for contracting officers to combine special standards of responsibility with evaluation factors, the GAO is able to tell the difference (as illustrated in the cases that Vern cited). But all along, FAR 9.104-2(a) tells us that "[t]he special standards shall be set forth in the solicitation (and so identified) and shall apply to all offerors" (emphasis added). Thus, a contracting officer errs when he or she combines special standards of responsibility with evaluation factors, and categorizes all of them as evaluation factors.
  17. Was there anything in FAR 31.205-18 that was helpful to you? Or 48 CFR 9904.420 (referenced in FAR 31.205-18(b))?
  18. Which do you want to monitor: the outputs (outcomes, results, deliverables) or the inputs (labor hours)?
  19. Park the money

    By the way, in the old days we had ways of dealing with situations like this -- for example, we might have included additive items in the schedule, or options that could be exercised at time of award -- all of these possibilities can still be used today if program managers and contracting officers work together to plan an acquisition.
  20. Park the money

    How about, "Please tell me the name and title of the person who provided your instruction and the regulatory citation for that instruction. I will consider whether your instruction takes precedence over 48 CFR 32.703-1(a), which tells me that funds will be obligated to cover the price (or target price) of a fixed-price contract or the estimated cost and any fee of a cost-reimbursement contract. If there is no reasonable basis for your instruction, will it be okay with you if I refer this matter to the inspector general for a fraud-waste-abuse investigation?"
  21. tj, So, using my format, is this what your order provides? (a) 0001 - (b) Accounting & Financial Operations Support Services – (c) 12 – (d) MO - (e) $1,133,268.60 - (f) $13,599,223.00 (a) = Item (b) = Supplies/Services (c) = Quantity (d) = Unit (e) = Unit Price (f) = Amount Regarding the invoice, I agree with Vern -- if the order requires the data, the contractor has to provide it. However, the actual hours data will be for your information only, and will not serve as a basis for payment -- the basis for payment is the FFP of $1,133,268.60 per month (provided the contractor rendered promised services and the Government accepted them). It will not be necessary for the hours data to add up to $1,133,268.60 for any month.
  22. deleted -- let me re-work it...
  23. So, is your contract line item set up something like this? (a) 0001 - (b) Accounting Services IAW PWS – (c) 12 – (d) MO - (e) $10,000 - (f) $120,000 (a) = Item (b) = Supplies/Services (c) = Quantity (d) = Unit (e) = Unit Price (f) = Amount
  24. tj, Your agency doesn't allow T&M contracts -- so why are you trying to do a T&M contract? From the little you wrote, it seems your contractor should invoice for the agreed-upon firm-fixed-price each month. The hours are estimated, and may fluctuate each month, but the invoice amount will be the same each month.