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CON46

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  1. Wow... my table really got jumbled above. Guess I can't post that.
  2. mm6ch , Please forgive the length of this post: The CO lost the battle against the use of this contract type on this requirement and we have been informed in very certain terms that under no circumstances will T&M be approved. The reason for making the scope unattainable is that under CPFF Term, if the contractor satisfies the LOE then the contractor can end performance (unless I believe their is a bilaterial modification). This would mean that if we estimated the LOE to be too small then another contract would have to be put in place fairly quickly. To answer your question about my CLINs.
  3. In my case the desired result (completion of all emergency repairs in a 12 month period), can be achieved without reaching the LOE. I charted the emergency repairs services that I mentioned in my previous post over the last 6 years and found demand to be considerably lumpy. Additionally, when demand is compared to the estimated demand, each period's estimate is so far off that the demand could easily be deemed unpredictable. To put some numbers to this analysis, the emergency repairs fluctuated from under 100 hours in one 12 month period to about 4000 hours in the next 12 month period. So si
  4. The AF recently published a new guide that I am having trouble understanding. https://cs.eis.af.mil/airforcecontracting/knowledge_center/Documents/Other_Pubs/Other_Guides/cpff_loe_guide.pdf#zoom=100% It seems that the guide is in direct conflict with the FAR 16.306(a) which states that the fee is "fixed at the inception of the contract" however page 5 paragraph (h) of the guide states that the fee can be reduced if the contractor works less hours than the stated LOE. (To be clear, this is not an adjustment based on change in the work to be performed, but an adjustment based on the number of h
  5. Side topic, just out of curiosity: What do you call the notice/synopsis if you have an acquisition that is anticipated to be a sole source award? One school of thought is that since you are not looking for other sources your synopsis should be called a Presolicitation Notice and the comapny whom you intend to award to should not be listed. Another opinion is that you should call the notice a Sources Sought Synopsis that states your intent to make a sole source award to a particular company. (The purpose of naming the company is so that small businesses can contact the company to express their
  6. Vern, thank you for the clarification. Our office procedures have been to do a Sources Sought notice to gather interested sources for market research then after the acquisition plan is approved, post a presolicitation notice. Although I see nothing wrong with this approach, it adds time to our acquisition milestones which in turn may be detrimental to staying on schedule. However, since there seems to be no written internal policies that say otherwise, incorporating the Sources Sought notice into the Presolicitation notice may be of significant benefit where acquisitions may be behind. Than
  7. Our office has a difference of opinion regarding the Sources Sought Notice/Synopsis that I am hoping this board can resolve. We understand that a Sources Sought notice also known as a Sources Sought Synopsis is used to gather information on potential offerors when a government intends to issue an award. The purpose of the Sources Sought notice is to increase competition and small business participation. The advanced notice, when posted on the GPE of a pending contract action, qualifies as a synopsis. Having said that, I have seen multiple FBO posting that call out a "Sources Sought / Pre
  8. Fizzy, In this case the Manufacturer restricts the sale to a reseller who is also the mandatory distributer. To answer your questions... Could you issue the RFQ to all of the providers on the Schedule: An RFQ was posted and seperately emailed to about 20 licensed resellers. However this did no good what-so-ever becasue XYZ supplied much higher prices to all the other resellers. Remember, the manufaturer is limiting competition by making all the other resellers obtain pricing from XYZ... then XYZ submits their lowered bid. Does the award have to go to the lowest-price quote? Yes, why wouldn'
  9. UPDATE: So the Antitrust issue was escalated up to the Air Force Legal Operations Agency (AFLOA). Turns out this business practice is acceptable and there is not an issue as we seem to be boxed in by our own rules. Company ABC can restrict competition so that company XYZ is the sole provider for the entire Federal Government. This seems wrong to me as XYZ can mark up the products without reason, currently what is happening, however their is no alternative and no way to stop it. (Both ABC and XYZ are very very large businesses so i assume that their attorney's have earned their keep). As for
  10. Thanks Don, I already had the Integrated Life Cycle Chart but I figured that was more for the Program Mgt side. I also got ahold of a SPAWAR Contracting Process chart (google it). If I can make some free time available I can build a spreadsheet whereas if you click specific check boxes relating to the contract (cost, type, method, vechicle, etc) it will populate a process chart including review thresholds and approving authorities. Built something similar at the defense contractor I worked for to plan my projects. It was great for training purposes as well. I also had one (that I did not
  11. Vern, thank you for your assistance. Following FAR 3.303 I will draft a memo, run it by my legal office for clearity and send it to the Attorney General and the agency office responsible for contractor debarment and suspension under Subpart 9.4.
  12. Then again, this was my first contract that I worked on so it is possible that I just did not recognize an anti-trust issue when I saw one. Legal believed ABC granted XYZ a monopply on gov business.
  13. My logic was that an actual organizational conflict of interest is created when all licensed ABC software resellers obtain their quotes from company XYZ and XYZ then turns around and bids. It creates an unfair competitive advantage. It may be an acceptable commercial practice but when dealing with the gov we have our own rules. I had doubts about 3.303 anti-trust beacuse this practice is inline with the natural (commercial) operation of market forces.
  14. Yes XYZ always submits better pricing. This issue went the IG at GSA for collusion and a pricing issue but I beleive that was a mistake as the GSA IG has seemingly not done anything yet. (Like I said in my original post it has been a while). Alternate issues here: ***Company XYZ pays company ABC for being the sole provider of guranteed federal business (this is actually printed in ABC company literature) ***Market prices are about 4% or 5% of the prices listed on GSA. For this award in particular GSA prices had the total at around $64 million whereas market pricing is well below $1 million.
  15. dcarver -- Where is the contracting process chart located? No one from my office has ever heard or seen of one. I would love to take a look and possibly modify it to fit my units function (DOD USAF).
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