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Everything posted by ipod24

  1. This might be a simple answer to my inquiry, but I want to verify based on my interpretation. Situation: A C-type contract (i.e., single award) was awarded to a small business. At a later date, the firm was bought by a large firm. Thus, the small business CAGE and DUNNS, and their reps and certs. in SAM changed to large business, but the firm kept its company name. Based on SBA guidance and reading on previous posting relative to mine... the main outcome was "A concern that qualified as a small business at the time it receives a contract is considered a small business throughout the life of that contract." I addressed the issue to our legal and they provided the following response: "13 CFR §121.404(g)(2)(i) is the applicable section and requires you to "no longer count the options or orders issued pursuant to the contract" towards small business goals" and "immediately revise all applicable Federal contract databases to reflect the new size status." Reading through the script on the reference legal provided I noticed that it mentioned Multiple Award Contracts nothing specifically for single award. Question: Does the provided reference Title 13 CFR §121.404(g)(2)(i) warrants me to change the small business status to a large business or is it specifically addressing only Multiple Award Contracts?
  2. Greetings, I was hoping someone could provide some information regarding DFARS 215.371-5 applicability to FAR Subpart 13.5. When the requirement for DFARS 215.371-5 came about (Federal Register, Volume 77 Issue 126 (Friday, June 29, 2012)) http://www.gpo.gov/fdsys/pkg/FR-2012-06-29/html/2012-15569.htm there was no mention to the ruling's applicability to the Test Program FAR Subpart 13.5 procurements. Further reading into the volume, it was stated, "It is simply not feasible to apply the rule to the huge volume of very low dollar value buy..." referring to SAP buys. My interpretation on this is that if DFARS 215.371-5 is not applicable for SAP to include procurements using FAR Subpart 13.5 -- this is just my interpretation and is not substantiated with narratives/references found on any other sources. What has been the take for the Department of Defense on these actions? Is DFARS 215.371-5 applicable to FAR Subpart 13.5? If so, can you provide citations/references? Happy Holidays!
  3. Thanks Don. I reached out to someone at DPAP/DARS on the matter and they've acknowledge my concerns on the mater. The result is the update which you point out. It is good to know that DPAP/DARS actually responds to inquiries like mine .
  4. Update: After discussions with a POC at OUSD (AT&L) DPAP/DARS, the following was pointed out: Reference to DFARS 215.371-4 - Exceptions, specifically DFARS 215.371-4(a)(1) states "Acquisitions at or below the simplified acquisition THRESHOLD (emphasis given);" for a Waiver per DFARS 215.371-5. The Simplified Acquisition PROCEDURES (emphasis given) is authorized under FAR Subpart 13.5. FAR Subpart 13.5, specifically, FAR 13.500(a) states "This subpart authorizes, as a test program, use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $6.5 million ($12 million for acquisitions as described in 13.500(e)), DFARS 215.371-4 provides an exception for acquisitions at or below the Simplified Acquisition THRESHOLD. Reference to DFARS 215.371 – Policy it states “It is DoD Policy, IF only one offer is received in response to a competitive solicitation - (a) To take the required actions to promote completion (see DFARS 215.371-2); and (B ) To ensure that the price is fair and reasonable (see DFARS 215.371-3) and to comply with the statutory requirement for certified cost or pricing data (see FAR 15.403-4).” DFARS 215.371-2 – Promote completion states “Except as provided in sections 215.371-4 and 215.371-5, if only one offer is received when competitive procedures were used and the solicitation allowed fewer than 30 days for receipt of proposals (emphasis given), the contracting officer shall—“ Based on my understanding on the DFARS cited, the following conclusions are drawn: 1) IF a FAR Subpart 13.5 acquisition was competed > 30-days and only one offeror is received under an anticipated competitive solicitation you do not need to follow the guidance stated in DFARS 215.371. You still have a responsibility to ensure that the price is fair and reasonable. 2) IF a FAR Subpart 13.5 acquisitions was solicited < 30-days and only one offeror is received under an anticipated competitive solicitation you need to follow the guidance stated in DFARS 215.371. 3) Similarly to # 2, if the contracting agency decides to waive the requirement based on the situation stated in DFARS 215.371-2 – Promote completion (only one offer is received when competitive procedures were used and the solicitation allowed fewer than 30 days for receipt of proposals). Then IAW DFARS 215.375(a) “The head of the contracting activity is authorized to waive the requirement at 215.371-2 to resolicit for an additional period of at least 30 days.”
  5. Greetings, Referenced to the following GAO report on http://www.gao.gov/assets/670/662579.pdf I am trying to find out if anyone knows where I can find the reference to the report statement “ DOD Class Justification are Used Primarily for Acquisition of Weapon Systems and related Components…” in the FAR, DFARS, USC, CFR, etc… On a similar note I have a question pertaining to Class J&A: Taking into consideration the following discussions: http://www.wifcon.com/arc/forum440.htm http://www.wifcon.com/discussion/index.php?/topic/955-sole-source-acquisition-under-far-subpart-135/ The following comments were made on the discussion referenced, “…because the requirement for full and open competition does not apply to acquisitions under Subpart 13.5. See FAR 6.001(a). FAR 13.501 requires that you follow the "format" in 6.303-2, which does not prescribe a title for the document. "Sole Source Justification" or "Sole Source Justification and Approval" is proper, because that is what it is if you are soliciting and negotiating with only once source and that is how such acquisitions are referred to in FAR 13.106-1( B ). "Justification and Approval" is inadequate.” Taking in this consideration of using the term Sole Source Justification… is there such a thing called Class Sole Source Justification. The only place I have found where there is even a mention of “Class” Justification is under FAR 6.303. “Justifications required by paragraph (a) above may be made on an individual or class basis. Any justification for contracts awarded under the authority of 6.302-7 shall only be made on an individual basis. Whenever a justification is made and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.” Our office has an Original Equipment Manufacturer (OEM) supply, which I’ve noticed has been procured numerous times, and each time it’s procured a J&A – OTFOC using 13.5 (I know… term may be wrong based on the discussion linked) is done and goes through the same acquisition process (e.g., publishing). I was thinking of doing a Class J&A or in this case a “Class Sole Source Justification” – if it is appropriate to call it that. Reason for this term, is… I anticipate the overall cost per year for this OEM supply to be around $5.5M (below the $6.5 threshold for FAR 13.5), thus, I would reference 13.501(a) for my actions. Yes, I could establish an IDIQ of some sort (but that is another story…). I am focus on the J&A aspect for now. Is this a reasonable approach?
  6. DOD’s use of Class J&A

    Steward. "DOD Class Justification are Used Primarily for Acquisition of Weapon Systems and related Components" is an assessment outcome made by GAO and not necessarily a reflection of what FAR states… if this is what you mean then duly noted. I sometimes take GAO’s responses literally regarding its reference to the FAR/DFARS. THAT and as I was reading the report at 5:00 AM in the morning, coffee had not kicked in. Joel. It would seem simpler to establish an IDIQ type contract to the firm providing the OEM supply. However, for lack of reasons (which I am still trying to question – it maybe that the agency want options on contract type when procuring the OEM supply), a Class J&A would opt not having to do individual J&A for every separate procurement that the agency does for the same OEM supply. Break: I did some more reading and I noticed that per discussion http://www.wifcon.com/discussion/index.php?/topic/955-sole-source-acquisition-under-far-subpart-135/, which referenced FAR 6.303-2(a)(4), which states “An identification of the statutory authority permitting other than full and open completion” – reference no longer exist. So, I guess terming a J&A – OTFOC – Sole Source under FAR 13.5 would now be appropriate?
  7. So, this question has been brought up numerous times amongst my colleagues, in DAU, and other contracting forums. What is the difference between Attachments vs Technical Exhibits “Exhibits”? I emphasized for DoD, as some non-DoD agencies identify Attachments vs Exhibits as no difference/synonymous. DAU postings relative to the inquire are as follows: https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=109437 https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=110417 Wifcon: http://www.wifcon.com/discussion/index.php?/topic/1639-exhibits-and-attachments-what-is-the-difference/ When I first started, I asked the question to our legal advisor regarding the difference. They said that Attachments are not legally binding vs. Exhibits, which are. I remember reading a legal article about this, which validated their statement and I carried that thought process throughout my acquisition career. Reference to DFARS 204-7101 – Definitions. “Attachments” means any documentation, appended to a contract or incorporated by reference, which DOES NOT (emphasis given) establish a requirement for deliverables. “Exhibit” means a document, referred to in a contract, which is attached and establishes requirements for deliverables. The term shall not be used to refer to any other kind of attachments to a contract. The DD Form 1423, Contract Data Requirements List, is always an exhibit, rather than an attachment. I’ve seen agencies post solicitations under Section J or even in non UCF contracts referencing CDRLS, SOW/PWS, Performance Requirements Summary (PRS), to name a few as Attachments rather than identifying them correctly, as I feel to be Technical Exhibits… So, what is DoD’s standard other than what is stated in DFARS 204-7101. Is the claim that one is “legally binding” than the other a true statement in its regard? And please do not give me the speech that this is trivial… using the proper terms to me is important. Such as saying “this is a request for quote… all proposals shall…” which I’ve seen a lot in FBO.
  8. I also hope they reinstate the language - it is just very convoluted Keep an eye out for public comments to address and hopefully they will acknowledge.
  9. Greetings, I was reading this discussion: Unreasonable Price, Responsibility Determination, 8a Contractor http://www.wifcon.com/arc/forum587.htm, which I found to be very insightful. As I relate this discussion to a current situation I have on procurement for a service which was done competitively, LPTA ? Two proposals were received one from the incumbent contractor. The incumbent contractor propose price was significantly high (42% above the IGE), the other contractor proposed prices was significantly low (-38% below the IGE) -- the IGE is substantiated. Now both contractors are Large Businesses. The following actions were done: (1) we had requested data other than certified cost or pricing data, which both contractors provided. (2) We held meaningful discussions with both offerors regarding its price proposals from not only total price, but the prices for individual line items. Both contractors stood by their pricing and no changes were made. It appears that we may award to the low; however, I have my doubts on this? though the information provided by the low bidder (i.e. data other than certified cost or pricing data), more specifically, cost breakdown lead our agency to believe that their price is reasonable (notice I only said reasonable) is there other steps I can take to ensure the awarding this to the low bidder does not pose any risk to the contract. If the company was a small business I could ask for a Certificate of Competency from SBA; however, being they are large are there any formal actions I can take - Determination of Responsibility or a Financial Capability Assessment, if so what statute gives the Government the right to request such information from a large business?
  10. Happy New Year All! Based on my last posting, I just wanted to provide an update on this topic as I had stated previously. Interesting enough, the firm withdrew its protest (mind you this was a few years ago) -- I guess it was done prematurely and were “emotional” about not getting the award (purely speculative on my part J) The firm requested a FOIA, which I assumed was for them to do some fact finding to substantiate/warrant a potential protest of, "...could not possibly do the job at the price it had proposed..." on their part. In this case, they may not have found anything that would have led to any biasness, arbitrary, capricious, or non-accordance with laws/regulations actions, etc. from the Government. In spite of the issue and outcome, I last heard from the ACO (back in 2012 - 13) who was responsible for the contract admin... The contractor had performance issues with meeting Government requirements (i.e., task orders issued and scope requirement, which were still IAW the terms and conditions of the contract). I assume it may or may not have been attributed to their price [Minor detail: reason for price variance between the two offerors was due to proposed personnel to do the job – this is a performance base acquisition]... famous quote... "We did not anticipate the demand on workload based on the price proposed..." Contractor is still performing, but with some struggles, which I am sure would be reflected on their CPARS… and I believe it is coming up for re compete. The lessoned I learned from this, as I have stated previously… No matter how much effort you do as a 1102 (due diligence), subject to constraints of the law, regulation, policy, etc… you abide by these guidance, your acquisition, and hope that whoever gets the award knows and CAN perform the job successfully with, hopefully, little to no issues. Could we have considered a different approach to evaluations (i.e., best value) maybe, but that is for another topic. Note: There is a lot of information that could lead to other question/conclusions regarding this posting… I hope readers look at this situation at face value.
  11. Vern, I've read the references provided prior to posting and quite frankly it led me to other references, to other references, and ultimately I felt like my research was never ending. So, thank you for your feedback.
  12. Just a general question. Has anyone gone through a job interview for Policy in the DoD? I am curious as to what types of questions an employer normally ask or look for?
  13. I want to echo what others have posted on this topic. Thank you guys (e.g., Vern, formerfed, Don, and others) for taking the time out of your busy schedule to respond to people's inquiries/questions and concerns (even though some may have already been answered more than once in this forum site) -- just in a different context. I remember my first post back in 2009 as an Army intern (clueless and only starting to learn the Acquisition career field)... the responses I got provided some insight/guidance on what I should take into consideration... AND I can attest that this site, the educated and candid responses (ahem Vern) I've received/read HELP contribute to my professional development in this career field. So a BIG THANK YOU contracting professionals!
  14. Does having to go back to the contractor to fix calculation errors in offeror's proposal considered discussion? Situation: Offeror Unit Price (U/P) is fixed, quantity provided. However, when multiplying the U/P x Qty = Amount does not equal. Thus, the offeror's proposal for those miscalculated CLINs resulted in the total price for the period to also be miscalculated as well. After the CS assessed the pricing, the assumption is that there were rounding issues (when figuring out the Unit Price (e.g., decimal places)), which resulted in a higher proposed number. Having to go back to the contractor to clarify this, some of my peer state it is a minor informality; thus, it can be resolved through clarification. Would I have to ask the offeror to provide me a new Pricing schedule with the corrected calculation? My thoughts are to draft a Letter for Clarification addressing the miscalculated CLINs, and provide them the Governments calculation (corrected), and have them provide a response agreeing to the corrected version -- this won't require the offeror to submit a new price proposal. I read this information: http://www.wifcon.com/pd15306e.htm, which I think is relevant to this issue.
  15. Can someone please provide some information/clarification on the verbiage change under FAR 13.501? Previously it had stated in FAR 13.501(a)(1)(ii) "Prepare sole source justifications using the format at 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial items (section 4202 of the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136) as implemented at 12.102(f)(1)." I guess my organization (Navy) (which I was just hired into) used the reference Section 4202 of the Clinger-Cohen Act of 1996 whenever they bought supplies under the test program. However, when I checked the FAR reference, to date, verbiage changed to 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903. My question is - why did they changed it from referencing Section 4204 of the Clinger-Cohen Act to 41 USC 1901 or 1903 -- I wanted to know the history. I haven't really focused on this in the past, but by minor research this occurred sometime when they removed 13.5 back in 2012 and reinstated it again. Additionally, why did they reference Clinger-Cohen Act for supplies buys -- I was under the impression it was used mostly, if not all, for Information Technology.
  16. Wow Don and Dingo thanks for the detailed discussion you both have had relative to my posting - this gives me insight on the Navy ship repair requirement, which initially I couldn't wrap my head around especially from NAVSEA's approach on scarcely instilling commercial practice on SOME services done on Navy vessels. Looking more on trying to streamline an acquisition I am currently working on, considering of course cost, administration/time, and quality. And as I've stated, I am new to Navy ship repair. My requirement in my opinion clearly screams commercial service; however with NAVSEA and its guidance, the acquisition approach led me to treat the requirement as a non-commercial “supply,” and apply the Walsh-Healey Act. Now, Dingo did mention in his opinion that he doesn’t necessarily believe that “a wage determination should drive the entire body of the contract,” but in my case, with a simple service that I feel could be done commercially; it isn’t a viable option. Because as NAVSEA sees it, my requirement is done to a Navy vessel, thus, the push for the applicability of the Walsh-Healey Act -- justifying why ship repair requirements should not be treated as commercial, and its interpretation of the service being a “supply,” is a more reasonable acquisition approach.
  17. Dingo and Don by definition of Commercial and my reading on the requirement I say it is commercial. However, I want to get some input on Navy requirements as I am new to ship repair acquisitions. Basically, the requirement is what they call an “Availability” (i.e., Scheduled Maintenance/Repair), specifically, docking phase maintenance availability (DPMA) on a vessel. The NAICS code used is 336611 with a PSC of J999. I guess what I am confused about is if we decided to use the Walsh-Healey Public Contracts Act, it would make the acquisition non-commercial – or am I wrong on this assumption. Has anyone had experience with procuring an “Availability” requirement using FAR Part 13.5?
  18. Greetings, I was hoping to get some insight on the interpretation regarding the following statement, which was posted in one of the Army Contracting Directorate regarding FAR Clause 52.217-8 and -9: In accordance with FAR Clause 52.217-8, Option to Extend Services, the contract may be extended, at the Government’s sole discretion, for a period of up to six (6) months, exercisable in increments of not less than one (1) month. If the contract contains an unexercised option period, the Government may elect to exercise the option pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, during any short-term extension. The short-term extension(s) shall be subtracted from the total duration of the immediately succeeding option period that may follow as a result of the exercise of the option pursuant to FAR Clause 52.217-9 so that the combination of the short-term extension(s) and the option will not exceed 12 months duration. If the Government exercises one or more short term extensions in accordance with FAR Clause 52.217-8 and this instruction or an option period pursuant to FAR Clause 52.217-9, or any combination thereof, the contract as extended shall be deemed to include this extension instruction and FAR Clause 52.217-8; thus, the authority to extend services pursuant to FAR Clause 52.217-8 and this instruction may be exercised at the end of the base period and at the end of each option period. Question: Can this be done? Excercising -9 and then cut it short and use -8? Just want to know if this practice is similar to other DoD agencies, when these options are excercised. Note: That the -8 price/cost was evaluated prior to award.
  19. Follow-On Contract

    Okay, besides j_dude77 specific inquiry. Based on the definition of a follow-on, "a follow-on contract is a separate, new contract for which the price is noncompetitively negotiated with the incumbent contractor." (http://www.gao.gov/a.../150/144237.pdf) This may be a dumb question... but what is the appropriate term to use for a reoccurring requirement (e.g., services) that is solicited competitively, negotiated, etc.? "The new contract?" I've seen some CS use the term follow-on in context of a competed action, not awarded to the incumbent contractor.
  20. What are your thoughts on the use of the word "but not limited to” when used in a contract. Lately, I’ve seen some Performance Work Statement (PWS) that use this wording. In my opinion this carries a strong connotation that leaves the door open for any other possibilities, and can be vague.
  21. NAICS Code Question

    elf949 - My recent experience with SBA demand is understandable. From a data mind set. Depending on what system you are using to award a contract (e.g., PD2/SPS/PADDS, etc.). The issue is that if the NAICS code is not in SAMS, when running a Contract Action Report in the Federal Procurement Data System - Next Generation (FPDS-NG) it will not recognize the firm as a small business when awarded. As a result, the contracting agency will not get credit for its SB goal - whatever that may be.
  22. FAR Clause 52.217-8 and -9

    First of I apologize for the confusion. Re stating question: Exercising -8 (for two-months) and then follow-up with a -9 (ensuring not to exceed 12-months). C Culham - to clarify your inquiry, the situation is the result of the customer anticipation of not needing the services due to budget issues among other reasons. Anyways, we are at the point when we need to exercise the 2nd option period. Contracting office proposed we exercise -8 for 2-months and once customer confirms they need the service, -9 would be excercised following its respected period (PoP on option is idnetifed in Section F - 12-month periods). Stated the following in the contract for -9: "The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration, i.e., end period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension." I have seen some put PoP, but for this particular contract that is what was stated. 52.217-8 in contract states: "The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration, i.e., end period." Regarding your last inquiry: "And is there any language in the contract other than -9 that limits the length of an option period, not it’s pricing but its period, and if so what is that period." No there is not -- any other language in the contract regarding the limits on option period.
  23. 1st Question: FAR 17.202 states "subject to the limitations of Para ( and © of this section, for both sealed bidding and contract by negotiation, the contracting officer may include options in contracts when it is in the Government's interest." Does this only apply to FAR 14 and 15? Is the use of Options applicable to FAR 13 - explicitly this may be a "duh" moment, but just want to make sure. 2nd Question: FAR 17.205 states "The contracting officer shall justify in writing the quantities or the terms under option, the notification period for exercising the option, and any limitation on option price under 17.203(g); and shall include justification document in the contract file." Since I started in this career field, I have not had to write up a justification on quantities or the terms under option - probably wrong way of doing business. I guess the agency's norm on using option was for the following reason referenced under FAR 17.202 (d)(1). "The Government's need in certain service contracts for continuity of operations..." Are contracting agencies doing just as what this reg. calls forth -- to write up a justification for use of options?
  24. Multiple Offers from One firm

    Thank you for your response Vern. I definitely agree with you on your last statement. While I inquire the minds of Contracting Officers, past and present, or individuals who’ve had the experience working in acquisition environment, it is a matter of opinion what is shared on this forum. Some substantiated base on references provided (e.g., FAR, DFARS, GAO cases, etc.), others based on experience and logic thinking. I most definitely would not take what’s stated on this forum as the ultimate response to our solution to issues/concerns or what have you… I can only speak for myself when I say that this… the information that is provided here expands my knowledge in this career field. It is one of many sources I tap into, both as a Specialist and a young Contracting Officer, to find information about my concerns with what I can and cannot do when it comes to working in the acquisition environment. I do hope when people see a response to their inquiry(ies), that they do not just leave it at that; we have to analyze for ourselves if whether the information given is indeed the right solution base on the individual’s case. As the idiom goes “take with a grain of salt…”