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Keith

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About Keith

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    Copper Member
  • Birthday 02/11/1959

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    Augusta, ME
  1. Government uses contractors SOW

    This is a service contract where the place of performance is in a very inhospitable part of the world where there is only a two-three week window every year to do this type of work. The work is very specialized and extremely dangerous. there are additional factors on this solicitation, but I was concentrating just on the conflicts of interest areas where a company proposes an alternate solution and the government uses that solution to write the SOW. i always believed that if KR wrote specs, they were prohibited from bidding on the resulting solicitation if there were other competitors. I have provided my client with FAR 9 and they can make the determination if it applies to their situation.
  2. Government uses contractors SOW

    Currently, there is no contract in place for any work. We are strictly at the pre-solicitation stage. But there have been discussions with both contractors.
  3. Government uses contractors SOW

    Thanks everyone for your quick responses. I will definitely check out the FAR 9.505 reference. It makes it a little tricky because this is not my contract nor my agency, but a complaint from a contractor that believes that he is being shut out of the process by the government and that has furnished a similar service in the past which was very successful for what they were doing.. It is for a high profile contract which is also very politically motivated. I am not sure that the issue is the government don't know how to write the SOW, but how they are getting to the other contractor that may or may not be successful. there are some within the political spectrum and within the agency that have stated in public that they would like to see the mission fail but it also has quite a few high profile supporters.
  4. I have always believed that the government may allow a contractor to write the SOW or requirements for the government. The government can use these specifications in their solicitation, but the contractor cannot bid on the resulting contract from those specifications that they supplied because it would be a conflict of interest. I have searched through the FAR and cannot find any specific FAR language that absolutely prohibits the practice. This would be a unique service where there is a limited number of contractors available to complete the work with different methods of completing the contract. Any thoughts. Thanks. This is still in pre-solicitation but will be a time sensitive procurement due to a very narrow weather window.
  5. Past performance not evaluated

    Joel, It was posted as an RFQ for commercial items. https://www.fbo.gov/index?s=opportunity&mode=form&id=f31f058b44e5b2a32ba74b9ed46945ee&tab=core&_cview=1
  6. Past performance not evaluated

    It is possible, I just have never seen a solicitation where this was not a factor. I did go back and read FAR 15.304. Thank you.
  7. Can anyone think of a reason why past performance would not be considered in a contract award? I always thought that price and past performance was automatically always an evaluation factor and then you added whatever other factors might pertain to the solicitation. Today I saw a solicitation for a service by the Air Force in FBO where it plainly stated that past performance was not a factor and to make it clearer they used italics to state that it would not be evaluated and the only evaluation criteria would be price. What could the protest implications be? There are a number of cases where the government was protested for not adequately evaluating past performance but what if you totally ignore the factor?
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