boricua

You should also consider that there is plenty of data on how much time it takes to perform the different types of vehicle maintenance so you could possibly make it a FFP with the CLINs looking something like this:

0001 Car Model A Oil change Qty 100 $

0002 Car Model B Oil change Qty 100 $

0003 Car Model A Lube service Qty 100 $

0004 Car Model B Lube Service Qty 100 $

The key for this is to group the services, and deciding if the government will provide the oil, grease, etc. The government maintenance personnel should be able to assist you. You can also include T&M CLIN for unscheduled maintenance if needed.

Dan (new to Gov Contracting)

Former, its the beginning of rifle season for deer in Alabama. I've been busy all Fall with other activities and my camp is 400 miles from where I now live, so this was the first weekend I've been able to make it up to the "camp". Actually, its pretty nice - 1100 acres or so on 2 hills about 900 feet high on either side of a nice farm valley. We have a full kitchen, running water, Satellite TV, a phone... And it was in the 70's last weekend, so not so cold. I only used the dadgummed Blackberry for checking the time. It only gets a signal in a very select number of trees up on the "mountains".

It appears that mrbatesville asked a loosely defined question here then lost interest in the thread. I'm sorry but that is discourteous to those whom one has asked to invest the time and effort to try to provide an answer.

Joel and the rest of ya'll,

I'm a "baby" in contracting and read these post regularly to soak-up the knowldge. So your answers are always helpful to the rest of us.

THANKS!!!!

Hello Gurus!

I am a first-year intern. Is there a minimum productivity rate for AbilityOne / NISH Government contracts?

The question comes from CM-5, G. "If at any time after the phase-in period, particularly at the end of a fiscal year, a nonprofit agency is performing an AbilityOne project with a direct labor ratio below 60 percent, the nonprofit agency will notify either NIB or NISH."

Some here think the quote references the ratio of number of handicapped-workers to total-workers employed but others think there is a minimum productivity rate so as not to "unduly burden the Government" since we still have to pay full H&W.

I can see both sides and think the reason to create the program in the first place was to help employ people with severe disabilities but is there a point when a worker's productivity rate is just too low?

I have looked at several Compliance memorandums and CFRs but have not found a clarification to this.

Thanks in advance for sharing your knowledge.

Dan

Dan, are you talking about using e-mail as a way of transmitting proposals (e.g., scanned documents), or something more elaborate (e.g., electronic signatures under FAR Subpart 4.5)? If the later, make sure you follow your agency's implementation. See FAR 4.502((1) (calling for uniformity in implementing electronic commerce).

Thanks. I was talking about problems verifying email arrival time but it was a communication problem that just got fixed thanks to some ?newbie who did not know why he should not accept email proposals?.

Now there is the issue of electronic signatures. ARGH!!! Our agency recently started (about a week) using ?approveit? but the documents shows as ?The document has been modified? when more than one person signs it.

What is the rest of the world using to sign electronic documents? And how is it working for you?

I didn't realize you were talking about late proposals. In any case, why should a late emailed proposal cause you any stress? The rules about late emailed proposals are simpler than they are for any other kind of late proposal: a late emailed proposal that wasn't received at the initial point of entry to the government's infrastructure by 5pm the day before the deadline for submission cannot be considered. Period. End of story.

There is no such thing as a "contractually binding" proposal. Proposals are not binding. An offeror may withdraw its proposal in writing at any time prior to acceptance (award), even if the acceptance period has not expired. See FAR 15.208(e) and 52.215-1( c)(3)(iv). Withdrawal can be done by email (which the CO should confirm). Whether a proposal was withdrawn before acceptance is a matter of fact that can be established by evidence. Same with regard to authority to commit the offeror. No big deal. If you get an email proposal and you have any doubt that it was submitted by the offeror, call the offeror and ask for confirmation. In any case, a CO should never accept a proposal, even when awarding without discussions, before talking to the offeror's representative to confirm that the proposal has not been withdrawn.

I don't see any reason to be stressed. Have a drink. Relax.

Thanks! I just learned there was a history of IT personnel requesting that our lawyer talked to their lawyer before releasing any information on the email tracking but our boss' boss talked to their boss' boss and now we are all singing kumbaya together.

Dan

What says you cannot open proposals (responses to an RFP) before the solicitation closes?

What's the issue about the legality of an email as a "contractually binding" proposal?

In what sense is any proposal ever "contractually binding"? A proposal is a proposal, not a contract.

Thanks for your questions,

What says you cannot open proposals (responses to an RFP) before the solicitation closes?

- 15.208(g) Late proposals and modifications that are not considered must be held unopened, unless opened for identification, until after award and then retained with other unsuccessful proposals.

What's the issue about the legality of an email as a "contractually binding" proposal?

- A contract is formed when the Government communicates acceptance of the offer to the offeror. The issue I?m referring to is proving that the email, in fact, came from the offeror. So, for example, if I receive an email offer from ABC Inc. and later ABC denies that the email came from a person with authority to make the commitment.

In what sense is any proposal ever "contractually binding"? A proposal is a proposal, not a contract.

- Yes, a proposal is not a contract until it?s accepted but is enforceable after closing time and before the period of acceptance expires. Right?

Dan

Could we think of a way to improve the wording of our solicitations so that we can reduce the stress of accepting electronic proposals?

On Requests for Proposals (RFP), many of my coworkers are ?terrified? (maybe very cautious?) of allowing electronic submission of proposals because of

a. protest about late delivery, and

b. the matter of not opening proposals until after the solicitation closes.

c. (this concern is mine) The legality of an email as a contractually binding proposal.

The late issue comes into effect because of the problems in determining the location of emails at the time designated in FAR 15.208(b )(i):

?If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals?

As a new intern with less than a year contracting experience, still don?t see all the mines my more experienced buddies are trying to warn me about so, can we think of a way to improve the wording of our solicitations so that we can reduce the stress of accepting electronic proposals?

We usually use wording similar to the following:

1. A complete proposal is due no later than <time and date>. Proposals shall be submitted so that they will be received no later than the exact due time. The Government uses the atomic clock found at http://www.time.gov to determine the closing time of the solicitation. It is the responsibility of the offeror to ensure that its proposal reaches the <Agency> in a timely manner. A late proposal will not be accepted, except as set forth in FAR 15.208, and will be retained in the file unopened.

2. Proposals may be delivered by mail, special delivery, email, or in person. Facsimile (fax) submission of proposals is not acceptable.

3. Proposals delivered by email must arrive no later than <time and date> at either one of the following inboxes (we encourage including both mailboxes in the email):

a. Name1, <Name1@us.army.mil>, and/or

b. Name2, <Name2@us.army.mil>

4. Proposals sent through the United States Postal Service via Express Mail or Priority Mail may require additional days for delivery.

5. Include the solicitation number, closing date, and closing time on the outside of the sealed envelope.

7. If delivering in person or by mail, deliver to:

Agency

Attn: Name1

Address

City, XX Zip Code

8. The offeror is responsible to ensure that all parts of the proposal are submitted as requested. Failure to comply with the requirements of the solicitation may result in the rejection of the proposal.

9. It is the responsibility of the offeror to ensure that its proposal reaches <Agency> in a timely manner.

a. The offeror shall submit its proposal to be received by the Government no later than the date and time stated on Standard Form 1449 or applicable amendment(s) to the solicitation. Please note that the computer program used to generate the Standard Form 1449 does not allow completion of block 8 with the appropriate local time. Block 8 shall read as if completed with the following: <time and date>.

b. PROPOSAL ACCEPTANCE PERIOD. The offeror agrees to hold the prices in its proposal firm for XX days from the date specified for receipt of proposals or, if requested, from the data specified for receipt of final proposal revisions.

Thanks in advance for your input.

Dan