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Everything posted by August

  1. Vern, I don't want to discuss this further with you. What I did was tell you the truth.
  2. Vern, in one of your earlier posts you wrote: "...your question was so thoughtless that it was worthy of ridicule..."
  3. I assume the motivation for most posts at WIFCON is the hope of gaining or sharing information and/or insight. But ridicule is not always the best instructor.
  4. Was the BPA awarded under Part 8 (Federal Supply Schedule) or Part 13?
  5. August

    Enter the contest! Win a book!

    1. audit (as in proposal audit) means a review that results in the identification of omissions, errors, and unacceptable components. 2. competition (as in competition improves quality and reduces prices) means a comparison of two or more contractors that are capable of providing for a requirement, in order to select a contact award winner. 3. complex (as in she’s working on a large, complex acquisition) means there are multiple and diverse features, which require a unique design and/or administration. 4. condition (as in terms and conditions) means an obligation that must be fulfilled before a contract is satisfied. 5. contract term (as in they won’t accept that contract term) means a part of the contract. 6. cost (as in cost estimate) means an expense that must be incurred to satisfy the contract requirements. 7. dispute (as in a dispute must be handled under FAR 33.2) means a disagreement between the contractor and the government that impacts a condition of a contract, and which one or more parties pursues for resolution. 8. equitable adjustment (as in they want an equitable adjustment) means an adjustment to the contract which re-balances the contract exchange of values for another change in the contract that has been accepted by both parties. 9. evaluation factor (as in source selection evaluation factor) means an attribute of the proposal that will be considered when making a contract award decision. 10. fairly (as in COs must treat contractors fairly) means treatment and consideration is made without an unstated bias, and communication is honest. 11. incentive (as in contractual incentive) means a contract term intended to encourage a contractor to provide for the requirement in a particular way. 12. need (as in an acquisition should fulfill the Government’s needs) means something that directly fulfills part of the governments’ mission. 13. profit (as in we offered them a fair profit) means the amount paid to a for-profit contractor that is in excess of all the contractor’s costs for performance of that contract. 14. purchase request package (as in the purchase request package was inadequate) means the information and funding needed for the preparation of a solicitation or contract award. 15. rating (as in evaluators will assign a proposal rating) means a description that easily identifies the estimated success an offer will have in fulfilling the contract requirements, when considering the evaluation factors stated in the solicitation. 16. relative importance (as in evaluation factor relative importance) means the importance of one factor compared to the importance of another factor or factors. 17. requirement (as in the program office specified its requirements) means the program offices definition of what will meet its needs. 18. risk (as in contract performance risk) means the likelihood of failure. 19. tradeoff (as in source selection tradeoff analysis) means weighing the value of differing technical benefits of different proposals against one another and against the cost/price of those benefits. 20. uncertainty (as in uncertainty about performance outcomes) means what is not fully known.
  6. If the contractor's staff are going to travel to multiple locations to perform the work, you can request a special nation-wide wage determination from the DOL through the E-98 process. If the contractor is going to sub it out to local staff, DOL won't create a nation-wide wage determination. If you don't get a nation-wide wage determination, I think adding the wage determination with each order, is the best you can do. (Also, SCA does not apply to services performed outside of the States.)
  7. Do the service employees have to travel to multiple locations to perform the work, or are they expected to be located at the site of service performance?
  8. August

    Happy Birthday, Bob!

    Happy Birthday, Bob!
  9. A new wage determination should not be added to a task order. When a new new wage determination is incorporated into the contract with the new year, it affects all task orders under the contract. So if a task order performance crosses over the threshold between contract years, the contractor can ask for a price adjustment for the work that occurs after the start of the new contract year for the balance of the task order.
  10. Real Property leases are under Federal Management Regulations (FMR). Here's a link you might want to look at: http://www.gsa.gov/portal/ext/public/site/FMR/file/Part102-_73.html/category/21859/#wp2016511
  11. The debt collection can affect any current or future contracts. It's up to the awarding agency whether they use it to affect issuing delivery orders or modifications - but they could.
  12. The debt can be recaptured by deductions from payments on contracts to the federal government, and it affects the responsibilty determination when being considered for future contract awards.
  13. Without any more info on the situation, it's hard to tell, but FAR 16.306(a) says in part: ...The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.
  14. August

    Centralized vs. Embedded Contracting

    Don - Well, logistics and expense would prevent that for a lot of us. Some of my program offices are hundreds, and sometimes thousands of miles away. This has been true in all of the three agencies I have worked.
  15. I have had contracts with CLINs that had different POP, in order for the contract to fit the requirement. I don't see it as a problem, but you are right there could be some additional administrative effort to track the CLINs and administer the contract. I know of nothing in regulation or rule that inhibits our ability to have CLINs with differing POP under a contract.
  16. August

    Centralized vs. Embedded Contracting

    I prefer centralized. I agree it's a bit harder to connect with customers, but with just a little effort, it can be done. I like the ease of consulting with peers in contracting when it's centralized. I think it's easier to develop as a CS/CO, if you can share and hear about other procurements easily. I also find that when stationed with the customer, the Acquisition HQ, tends to forget us, or when they do think of us, it is with a bit of a dismissive attitude. And, it's harder to be considered for promotions when you aren't seen. Ideally, I prefer a cross between the two: Centralized by region.
  17. FAR 19.601© says the COC program is applicable to all Government acquisitions. In 2.101, we see: "Acquisition" is defined as:“Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. Because there is a selection of sources with the award of a BPA, I think the COC requirement applies.
  18. I don't understand what you think might be problematic in doing as you suggested. I don't see a problem with different CLINS having different POP.
  19. August

    Service Contract Act Documentation

    I don't see any requirement to document the file as to the applicability of the SCA. But, it seems like a prudent idea if the postion is that the requirement is for services that are exempt from SCA. I wonder what your GC meant by "Contracting Officers do not document their files on the applicability of the Service Contract Act." That could mean a lot of things. e.g. why SCA is not included in the contract; or SCA is in the contract but doesn't apply to the particular vendor because they are a sole proprietor, or the SCA included but applies to some labor categories but not to others.
  20. If they are conducting market research - could they invite several vendors, or publish an invitation on FBO to invite vendors, to provide their software for a short time?
  21. August

    Contractor signs BPA?

    Thanks. The BPA, however, has neither 52.212-4, nor 52.213-4.
  22. August

    Contractor signs BPA?

    Can a Part 13 BPA be modified unilaterally by the government? For example, if there was a new Invoicing process instituted by an agency, that required vendors to submit invoices electronically, and did not allow paper invoices as they had in the past (this is a fictional example by the way), is it possible for the government to issue a modification to the BPA unilaterally? As I see it, the vendor might only indicate their disagreement, by turning down orders, if a unilateral mod were made to the BPA. If issuing modfications unilaterally is ok, would the government need any evidence that the vendor had received the modification, if the vendor later accepted an order but failed to abide by the change in the BPA? I can't find it now, but I was sure there was language in the FAR that said a BPA can only be changed by mutual agreement. But others say it's ok. I know this is an old thread, but I thought it was too similar to start anew.