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About jwomack

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  1. You can modify a contract after its POP has expired. It’s not uncommon, nor improper, to do this for late invoices.
  2. jwomack

    A Marketing Question

  3. jwomack

    A Marketing Question

    “we will leave a good impression”. If the proposal isn't at least decent it'll be remembered as the pretty one that wasted the CO/PM’s time causing negativity bias.
  4. If you’re a small business you may want to ask your local SBA office for assistance on how to interpret federal solicitations. COs generally don’t have the time to teach the public elementary contracting.
  5. Looking at your 2 questions as a whole, it appears you couldn’t fully extract what the solicitation was asking for. A non-response from the Government would indicate to me that a sufficient number of other prospective contractors didn’t have that same problem.
  6. There are too many variables to factor. Like – Should the KO who is tasked to work with the poorest-performing program offices be required to work longer hours than their counterparts? Should a newly promoted GS-12 Step 1 be required to work longer than a GS-12 Step 10 whose being paid 30% more? Or would there be a calculation to ensure the Step 10 is assigned 30% more work so the Government actually gets what its paying for? Should the KO who just inherited a bunch of bad contracts be required to work longer hours? How do you quantify the KO working a large service contract to another KO working a number of small supply purchases? Or to yet another KO who is working a not-so-large service contract that happens to be more complex to administer?
  7. Or not. So the over-performers complete their jobs and go home. The under-performers struggle (or don't care and don't struggle) and go home when they hit the 80 hours. What happens to the unfinished work?
  8. jwomack

    A Hiring Challenge

    This scenario sounds like an all-too-typical government solicitation asking for more than it should. There are more efficient means to evaluate prospects at this level like past performance and reviewing historical work products.
  9. jwomack

    FAR 13.106-2(b)(4)

    It sounds like you're under the impression you cannot make a purchase based on tradeoffs under SAP. That would be incorrect.
  10. jwomack

    Brand Name Or Equal--Commercial Item

    none of the above
  11. Why is this your opinion? Why is this your understanding?
  12. jwomack

    how to structure emergency service

    The steps you cited are correct. To your questions - 1. There is no guarantee/obligation on any party with a BPA. Of course even if you had a contract in place that's still not a guarantee they'll show up. While the contract may give the Government recourse after-the-fact, it still doesn't stop the leaking pipe in an urgent situation. For something like these emergency repairs, my guess is the response rate from a BPA holder vs someone with a contract would be nearly identical. 2. None that I can think of. The goal isn't to save steps on the front end. The goal is to get a vehicle in place so, when an emergency arises, the Government doesn't waste time in getting an available repairman to take action. Requiring a KO to be in the loop during an actual emergency is an unnecessary time waster. 3. I'd try to use no-year money if available. Otherwise, assuming annual funds, I'd cite FAR 37.106 and the GAO decision. And maybe FAR 1.102 (Guiding Principles). I don't know that the BPA route is any better than the contract options.
  13. jwomack

    how to structure emergency service

    A BPA call would be the order. It would have an estimated quantity with details further definitized at the subordinate work order level. I like it when GAO isn't consistent. Contradictory decisions give me more tools to choose from.
  14. jwomack

    how to structure emergency service

    See B-321296, specifically Digest paragraph 2 and the Court Reporting portion of the decision. As it would be relevant to funding a BPA call with an unknown but estimated quantity – “At the time each contract was executed, NLRB, as a matter of fact, did not know with certainty the total amount it would ultimately spend on court reporting services ordered under the contract. The amount of NLRB's liability depends on various factors such as the number of proceedings, the length of the transcripts delivered, and the number of ancillary materials such as exhibits. NLRB knows the amount of its liability with certainty only at the conclusion of the performance period, after it has ordered all the services under the contract. To determine the amount to obligate when each contract was executed, NLRB calculated an estimate, based on past practices and trends, of the total amount of court reporting services it would need under a particular contract. We have previously addressed the amount an agency should obligate when the amount of its obligation is uncertain. B-305484, June 2, 2006. In that case, the National Mediation Board (NMB) contracted for arbitrators, and incurred obligations, when it appointed an arbitrator to hear a specific case. However, the length of the arbitrator's appointment and, therefore, the amount of the obligation were uncertain at the time of appointment. We noted that "it is the amount of the commitment, not the commitment itself, that is uncertain." Id. We concluded that NMB should "record an obligation based on its best estimate of the costs of paying the arbitrator and adjust the obligation up or down as more information becomes available." Id. Similarly, in this case, the quantity of court reporting services that NLRB would ultimately order was uncertain at the time each contract was executed. NLRB properly obligated an amount based upon a reasonable estimate. As the performance period continues, NLRB should deobligate amounts if it realizes that it overestimated the quantity of services that it would order under the contracts. Conversely, if NLRB determines that it will need to order more services than initially estimated, it should obligate additional funds in accordance with a revised estimate. Because NLRB initially obligated only fiscal year 2010 funds for the contracts, any adjustments to the obligations must also be made against fiscal year 2010 funds.”