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Everything posted by ji20874

  1. What's Your Interpretation?

    The 15.503( a )( 1 ) pre-award notice goes to all offerors excluded from the competitive range. The 15.503( a )( 2 ) pre-award notice goes to all unsuccessful offerors when using small business programs, including those who earlier received the ( a )( 1 ) notice. The 15.503( b )( 1 ) post-award notice goes to unsuccessful offerors still in the competitive range, except those who earlier received the ( a )( 1 ) or ( a )( 2 ) notice. So, in my mind, in simple answer to the original poster?s question, if a contracting officer sends either an ( a )( 1 ) notice or an ( a )( 2 ) notice to a firm (or both notices), he or she does not later send the same firm a ( b )( 1 ) notice. The ( b )( 1 ) post-award notice is required only if the firm ?had not been previously notified under paragraph ( a ) of this section.? That?s what the FAR says -- that?s what I do.
  2. Cancelling the Procurement

    When an Invitation for Bids (IFB) is canceled before opening, the bids are returned unopened to the bidders. FAR 14.209( b ).
  3. Cancelling the Procurement

    The key is whether the contractor proposal information is entitled to protection from disclosure to "any person other than a person authorized, in accordance with applicable agency regulations or procedures, by the agency head or contracting officer to receive such information" (FAR 3.104-4( a )). Even if the information is not protected, the disclosure may be improper if "the Federal agency plans to resume the procurement" (FAR 3.104-4( e )( 2 )). Why not send a notice to all the offerors saying the solicitation is cancelled but that the Government intends to open (or has already opened) the proposals already received as part of a market research effort to develop an independent Government cost estimate and re-write the solicitation for issuance in the future? That's just being honest and transparent. Transparency is a big deal now-a-days. Essentially, the contracting officer is converting a RFP into a RFI. RFP is defined in FAR 15.203( a ). RFI is defined in FAR 15.201( e ). They are different.
  4. AgencySpecialist, I don't understand either. If your question is whether some form of cost or price analysis is required, the answer is YES in my mind. Adequate price competition might establish price reasonableness, and your price analysis might be a comparison of the prices you received in the competive environment. One would reasonably expect this analysis to be done by "the using agency" before it issues the task order. An after-the-fact cost or price analysis by "the awarding agency" makes no sense to me. The idea of modifying the parent IDIQ contract also doesn't make sense to me. I'm imagining a task order that is substantially premised on the contract's line items with the additional non-conforming work merely incidental -- a task order that was otherwise might be improperly issued as an improper avoidance of full and open competition.
  5. Termination by Mutual Consent of the Parties

    To me, it sounds like a termination for the Government's convenience where both parties have already negotiated the settlement at the time of termination.
  6. Excusable Delay

    Negotiating the equitable adjustment up front (the "release statement" recommended by your contracting officer) is a good idea -- both parties have to agree, of course -- but if agreement is possible, it is better to define your liability earlier rather than later.
  7. If your contract has any estimated quantities or any positive performance incentives, you won't want to be too hasty in deobligating money. It isn't necessary to do a deobligating every month, unless your organization really needs the money somewhere else.
  8. Requisition Funding by CR Date

    As I understand it, we can fully fund our annual operations and maintenance contracts on the first day of a continuing resolution -- the continuing resolution provides a full year's money but limits the period it is available for obligation -- so even if a CR only provides a ninety days obligation period, you can still obligate 365 days work on an annual operations and maintenance contract.
  9. GOVCO, there is no answer to your question (or is it a tasking?), other than you can do whatever your appropriation language allows you to do. Change the subject to food, for example -- some agencies can buy light food for members of the public because doing so helps them meet their mission requirements and is within their interpretations of their appropriations language -- other agencies cannot, because they cannot stretch that far. If meeting your mission objectives requires you to transport members of the public from one place to another, and if your appropriations language allows for it, then you can do it. If not, then you can't. There is nothing in the Federal Acquisition Regulation (FAR) that will answer your question, and citations of case law (or GAO appropriations decisions) will have no value without any context of similar facts. Your agency attorney is already aware of your facts. If you are a contracting officer, you can rely on his or her opinion. By the way, it seems to me that his or her opinion will be of more importance to the funds certifying offical than to the contracting officer, as this is an appriopriations law question, not a contracting question, and the answer will depend on your appropriation language. If the use of funds for this purpose is appropriate, then awarding contracts to charter a bus (or whatever) is easy. Your "annual appropriation" is the "precise appropriation" to which Oyster makes reference, if that is where the money will come from. If you want to do research, you need to read the appropriation language.
  10. I am aware that the TVA (or NPS?) transports members of the public by charter boat, as follows: When the TVA dammed up all the rivers in Tennessee, there were some hilltop burial sites left above water -- now, these hilltops are islands -- the TVA transports descendants of the dead once a year to ths island, and will continue to do so until the interested descendants are themselves dead. But you cannot rely on this anecdote for your situation -- you need to follow Oyster's advice.
  11. Period of Performance

    It depends on when you award the contract. CLIN 0002 could be for twelve months, if the installation ends and the maintenance starts during the current fiscal year. But if you award the contract in September, and installation will occur into November, then your need for maintenance services doesn't really start until November, which is in the next fiscal year -- in this case, you could not even award CLIN 0002. But you might choose to look at the maintenance as inseparably connected with the installation, and a bona fide need of the current fiscal year -- I think this is driving your 10-month period for CLIN 0002. Your approach makes sense to me.
  12. J&A Certification

    Note the use of the future tense: "I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable." You're making a promise that the future price will be fair and reasonable, and if it isn't, then obviously you will not make the award.
  13. RDT&E

    I learned long ago that even if the FAR says I can do it, or the GAO Redbook says I can do it, and someone here at Wifcon says I can do it, if my own agency's funds certifying official won't certify the funds for my use, then I can't do it. As a contracting officer, I now let my program managers fight those battles -- that's part of what program managers are for.
  14. No-year vs Multi-year appropriations

    Fred, It isn't so obvious to me that "contract or task order performance must end before end of second FY of funds rather than one year after obligating." That will depend on the purpose of the appropriation, but you may be able to use this two-year money to pay for contract performance after the two-year period ends.
  15. See also FAR 9.505-3. Some agencies have supplements to FAR Subparts 37.2 and 9.5, so you might check there. Some agencies have guidelins in their Subpart 15.3 supplements.
  16. Yes, FAR Subpart 37.2 applies. See 37.203( d ), which specifically limits the payment for services to "conduct evaluations or analyses of any aspect of a proposal submitted for an initial contract award..." This is a restriction on paying for evaluation services. You might have your contractor already under contract, and their evaluation might be "incidental" to their regular contract work, but you cannot pay them unless you prepare the written determination required by 37.204.
  17. When acting as the chief of the contracting office a while back, I declined to ratify an unauthorized commitment. The purchase was for prescription medicine (eppie pens) -- the buyer was allergic to bee stings and thought all our first aid kits should have eppie pens, so he used his personal prescription to buy them for all the first aid kits. But personal medical needs are personal, and using one's prescription to buy medicine for use by another is criminal, so I declined to ratify the purchase.
  18. When the FAR requires a D&F, I write one in the dictated format. When it only requires a determination, I might hand-write it on the back of an envelope, so to speak.
  19. Source Selection

    In my mind, the purpose of evaluation criteria is to discriminate between proposals to determine the one best value proposal. If only one proposal is received, there is no selection and there is no need to do the intended evaluation with all the factors and subfactors. A simple determination that the proposal meets the Government's needs and the price is fair and reasonable (with or without negotiations) is all that is needed.
  20. How to deploy as a civilian contract specialist?

    I considered applying, and contacted CEW -- they told me there is no agreement between the Departments of Defense (where CEW is) and Agriculture (where I am) -- so I cannot apply with any hope of return rights. I have many years of experience and a warrant and everything else. I guess they don't want me, either, or at least not enough to make an agreement with the Agriculture Department to allow persons like me to help the effort.
  21. Limiting Competition to Only Local Firms

    for Vern -- "so what?" I provided information that might be helpful to the original poster, suggesting that a preference for local firms might be styled using different words, such as a need for a response within a certain time limit. Does providing information that might be helpful to the original poster answer your "so what?" challenge?
  22. You could do it firm-fixed-price -- remove all the debris in the one hundred acre area -- contractors might be willing to visit the site and make their own estimates and take the reasonable risk. Yes, the potential volume is unknown but the pricing effort seems relatively easy and the risk low.
  23. Limiting Competition to Only Local Firms

    I seem to recall a Coast Guard case in Washington State where a geographic restriction was overturned as overly restrictive -- the Coast Guard required the successful contractor to be within __ miles, based on an emergency response time of __ minutes. But the GAO or whoheaver heard the case opined that the distance requirement was overly restrictive, while the response time requirement was reasonable. The contract was for some sort of emergency repair work.
  24. CASE and ACRN

    As noted above, ACRN is Accounting Classification Reference Number -- this is a two character code used in a contract in lieu of a long line of accounting -- well, the long line will appear once (maybe in Section G), but the shorter ACRN is used everywhere else (such as in Section . I don't know CASE.
  25. I tend to think of prices set by governmental or quasi-governmental bodies, like utility rate commissions, rather than monopolistic situations such as with the iPad...