BZMANINTEXAS

1. What is your all time favorite book? The Dark Tower series (Stephen King) 2. What is your all time favorite song or album? Stevie Ray Vaughn's "Star Spangled Banner" or Pick an album from Johnny Cash cause they are all great 3. What is your all time favorite movie? Deerhunter 4. Poet: Robert Frost

I have recently requested through my employer as well, the last version I perused while studying for the CPCM was the 3rd edition. I belive the 4th edition was just released last summer as the NCMA has changed it's testing ciriculum and started using the 4th edition this January.

If you are the COR, what does the contract state as far as operating procedures? It it a labor hour contract?

Just checked - working here too.

but ... "When fewer than three quotes are received from schedule contractors that can fulfill the requirement, the contracting officer shall prepare a written determination explaining that no additional contractors capable of fulfilling the requirement could be identified despite reasonable efforts to do so. The determination must clearly explain efforts made to obtain quotes from at least three schedule contractors." Therefore, if you advertise it on the proper schedule (if one exists) and do not receive three, you need to document your rationale to move forward with an award. @EFeinburg - - FedLink is another good source if viable to the buyer

Out of curiosity - - are you talking WestLaw and/or Matthew Bender (dba Lexis Nexis) - - if so you may wish to view not only the GSA Schedules, but I believe one or both have existing agreements that allow use by other Agencies.

Are you an interested party per the protest rules, if so then...assuming the Government does a full or partial termination of the existing contract based on your information... Per GAO: By law, a GAO protest must be filed by an "interested party," which means an actual or prospective bidder or offeror with a direct economic interest in the procurement. 4 C.F.R. § 21.0(a). In challenges of the evaluation of proposals and the award of contracts, this generally means an offeror that would potentially be in line for award if the protest were sustained. WHAT TO PROTEST: Although most protests challenge the acceptance or rejection of a bid or proposal and the award or proposed award of a contract, GAO considers protests of defective solicitations (e.g., allegedly restrictive specifications, omission of a required provision, and ambiguous or indefinite evaluation factors), as well as certain other procurement actions (e.g., the cancellation of a solicitation). The termination of a contract may be protested if the protest alleges that the termination was based on improprieties in the award of the contract. 4 C.F.R. § 21.1(a). Where the agency involved has agreed in writing, GAO will consider protests concerning (1) awards of subcontracts by or for a federal agency, (2) sales by a federal agency, and (3) procurement actions by government entities that do not fall within the strict definition of federal agencies in 4 C.F.R. § 21.0©. 4 C.F.R. § 21.13(a).

Don't Hate Running - A novel by Lawrrence Rodriguez - - My wife's cousin wrote his first book, I finally get to read it as she is done, and even though I am not a runner, she was always chuckling while she was reading so I hope it is a book that I can't put down. A good laugh is always appreciated for an escape from contracting.

Another key point to remember is that the new DFAR clause 252.242-7005 Contractor Business Systems is not automatically or retroactively applicable to your contract, it must, per the FAC (Federal Register Vol. 77 No 37, Friday February 24,2012) be a bilateral modificaiton to incorporate into existing contracts that were issued prior to its release date. This may allow time for potential deficiencies if known to be fixed without having to take a hit on delayed or reduced payments.

@Brian - - Not what I was trying to relay in my comment, more to the point that the avenue to award a "non-personal" temp service contract is legal and that contracting is one of those areas it can be done, showing that via the GSA schedule. I would insert that contractors are for administrative work and not contracting officer authority work, as I believe that area is still "inherently governmental" with signatory authority and not passed to contractor staff.

You are correct in that "the DoD client would nor receive credit" as the referenced schedule is the LB. https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=31&cgiQuestionID=112177

FAR 8.405-5 b states that "Orders placed against Schedule contracts can be credited toward the ordering activity's small business goals.” Socioeconomic credit for a prime contractor always goes to the funding agency. GSA also addresses this question - "How do set-asides apply to Contractor Team Arrangements (CTAs)? For example, if an order is set-aside for small business, do all members of the CTA have to be small to be eligible for that order or can only the team lead be small? - - All members of the CTA have to be small (or whatever sub-set the order is set-aside for) to be eligible for that order." Link to GSA FAQ’s http://www.gsa.gov/portal/category/102271#27

@Desperado... In my original post, I outlined the 8.405-2 which is the guide for RFQs requiring an SOW, which is what FAR stipulates as the specific requirement. 8.404(f) is under general requirements of processing actions against a schedule, and I would assume with my experience is not the governing factor once you choose to issue under 8.405-2. GSA as an entity owns the process for soliciting vendors that are on GSA Schedule contract, each contractor on Schedule is not only assigned a Schedule number but has specific SIN #'s as well, which by contract limit them to what they have provided pricing for. GSA has created "e-buy" for the purpose of streamlining an acquisition professionals time to initiate a requirement from market reasearch through award, by allowing the acquisition professional to choose the schedule and SIN that "best fits the needs of the agency" for the services to be provided. If the vendor does not have that SIN they can not participate. As long as three or more vendors are contacted, competition has been met per FAR. In my opinion, if using the system as stipulated by GSA for solicitation through award, there is no requirement, nor avenue to send to a vendor who is not authorized on the schedule chosen, and thus that vendor has no "right" to propose as they are not on contract for the specific services.

So, I think the answers are within 8.4, and one of the key items is at what threshold your action is estimated. I have inserted the excerps below, but if your value falls under (3) I don't think you have too provide a copy to someone outside your advertised SIN, but keep in mind that Protest appear on the rise with Schedule Vendors and giving someone a copy may be your best route, just another potential vendor to evaluate if they respond. 8.405-2© has four options to follow: (1) Orders at, or below, the micro-purchase threshold. (2) For orders exceeding the micro-purchase threshold,but not exceeding the simplified acquisition threshold. (3) For proposed orders exceeding the simplified acquisition threshold. (4) The ordering activity shall provide the RFQ (including the statement of work and the evaluation criteria) to any schedule contractor who requests a copy of it 8.405-2© Request for Quotation procedures. The ordering activity must provide the Request for Quotation (RFQ), which includes the statement of work and evaluation criteria (e.g., experience and past performance), to schedule contractors that offer services that will meet the agency’s needs. The RFQ may be posted to GSA’s electronic RFQ system, e-Buy (see 8.402(d)). 8.405-2©(3) For proposed orders exceeding the simplified acquisition threshold. In addition to meeting the requirements of 8.405-2©(2)(i) and (iii), the following procedures apply: (i) Each order shall be placed on a competitive basis in accordance with ©(3)(ii) and (iii) of this section, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with 8.405-6. (ii) The ordering activity contracting officer shall provide an RFQ that includes a statement of work and the evaluation criteria. (iii) The ordering activity contracting officer shall— (A) Post the RFQ on e-Buy to afford all schedule contractors offering the required services under the appropriate multiple-award schedule(s) an opportunity to submit a quote; or ( Provide the RFQ to as many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that quotes will be received from at least three contractors that can fulfill the requirements. When fewer than three quotes are received from schedule contractors that can fulfill the requirements, the contracting officer shall prepare a written determination to explain that no additional contractors capable of fulfilling the requirements could be identified despite reasonable efforts to do so. The determination must clearly explain efforts made to obtain quotes from at least three schedule contractors. © Ensure all quotes received are fairly considered and award is made in accordance with the evaluation criteria in the RFQ.

I believe many agencies including those under DoD supplement their work force with various temp staffing arrangements, many using the GSA MOBIS schedule, so I am not sure where anyone can say it is illegal. http://www.gsaelibrary.gsa.gov/ElibMain/sinDetails.do?scheduleNumber=874&specialItemNumber=874+6&executeQuery=YES 874 6 Acquisition Management Support Contractors shall provide professional support services to agencies in conducting federal acquisition management activities. Services covered by this SIN are: acquisition planning assistance, including market research and recommending procurement strategy: acquisition document development, including cost/price estimates, quality assurance surveillance plans, statements of work, synopses, solicitations, price negotiation memoranda, etc.: expert assistance in supporting proposal evaluations, including price/cost analysis or technical proposal analysis: contract administration support services, including assistance with reviewing contractor performance, developing contract modifications, and investigating reports of contract discrepancies: contract close-out assistance; Competitive Sourcing support, including OMB Circular A-76 studies, strategic sourcing studies, privatization studies, public-private partnerships, and Federal Activities Inventory Reform (FAIR) Act studies. Inherently Governmental services as identified in FAR 7.503 or by the ordering agency are prohibited under MOBIS. It is the responsibility of the Contracting Officer placing the order to make this determination. Ordering activities must require prospective contractors to identify potential conflicts of interest and address those, prior to task order award. For more information, see www.gsa.gov/mobis.

As stated above, construction licenses are regulated by state, not federal requirements. See the link to do a state-by-state review of what requirements pertain to your area. http://contractors-license.org/ Insurance and Bonding, in my opinion are seperate issues as well as registration of the vendor within the new SAM system.

@Agency Specialist - - I did the back and forth as well Active Duty, left for GS, left for Commercial, back to GS, had enough years for deferred retirement and left for Commercial again - - I will say if you have the experience, even in this market, there are plenty of commercial jobs available in the actual administrative fields listed in my original response. If you can relocate your options are always better. If you really want something more challenging, I highly suggest seeking out a good contact with NCMA to talk and without a doubt a "head hunter" and sit down with them, tell them about you, your experience, draft a kick-&*& resume and go for it.

Well as a retired GI, who started in CE, moved to Contracting via the mid-80's RIF, then went to a quasi-Gov (Public Agency) and then back into the FED, now in the commercial world as a Contract Manager - - I think prior CO's whether GI's or Civilians can go wherever they wish to go, as long as they are willing to do the work they think they want to do. Contracting has grown in versitility to the Nth degree and is always short of people. Maybe the job is not in your local, but is there a restriction on moving, if not, Move to potentially find the experience you want. Price analayst, cost analyst, senior policy analyst, contracting officer, deputy CO, COR, COTR, estimator, and so many more - - your limits are what you think you can do and how you sell yourself to a potential employer. and I belive everyone has gone through the "groundhog days" in any job, its how you decide to move forward that is key to moving forward. humble opinions of a person who thinks that the contracting career is some of the best money to be made for the actual job functions performed.

USA.GOV shows a list of all executive departments, boards, commissions, etc. - - most of these are required to follow the FAR. Note, legislative agencies are not required to follow the FAR. http://www.usa.gov/Agencies/Federal/Executive.shtml

@Vern, in process of discussing with CO. Thanks.

@Vern, I read that portion of the FAR, unfortunately neither the contract nor the task order states specifically level of effort or term. The TO was written for a term (POP) with defined services that were to be performed during the POP. As to the comment from Retreadfed on CAS, I guess I am assuming any contract written for CPFF that has to have an accountinc system that follows both Public Law 87-653 and CAS PL 100-679 in supporting our contract pricing proposals is one that must be CAS compliant. We recieve an annual audit from DCAA, submit annual ICE docs, and follow all cost requirements of 48CFR9904 for Cost Accounting Standards. Therefore, based on those actions which are written into the contract, I am assuming we are required to be CAS compliant. Maybe the use of "commercial" was misstated, however the entire nature of what we do is commercially available to all people, however written under FAR 15 with no reference to FAR 12.

@Retreadfed - - I am assuming he was referring to increased scope in that conversation, to which we would have replied, yes, more work added, more fee negotiated. Totally understand the overrun which goes to contractor responsibility and that increase in fee is not allowable.

@ji20874 - We attempted to fully explain and show that all work would be completed and that fee is fixed, with exception of descoping or an error in estimating that reduced the amount, fee should remain as stated. CO response, well if we increased the amount of funds available, you would want more fee, so if we reduce funds we should get a reduced fee. *&$%^ frustrated...

Hit the send to quick - - It is not level of effort based, we provide cost proposals for stated projects that have defined deliverables or defined services, however on this TO we just got there quicker and negotiated better than expected...thus the underrun.

Well it is an inherited one - - CPFF Requirements for commercial services under full CAS