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Everything posted by hereiskim

  1. Enter the contest! Win a book!

    Enter the Contest! Win a Book! Hereiskim 1. audit (as in proposal audit) Audit means a report requested by the contracting officer to confirm or substantiate the veracity of elements in the contractor's proposal and/or supporting documentation by verifying same against their records and business structure as well as other industry data, the purpose of which is to ensure that the price/cost is predicated on legitimate data 2. competition (as in competition improves quality and reduces prices) Competition means soliciting a multiple of contractors to obtain an adequate pool of technical/price proposals from offerors as a basis for a contract award backed by sound business decision 3. complex (as in she’s working on a large, complex acquisition) Complex means an acquisition with a substantial amount of intricacies which require resolution or beg clarification/amplification by several members of an acquisition team which may include technical, legal or other specialists in order to produce a solicitation package and resultant contract without ambiguities and for which risks to both parties have been considered and mitigated proactively 4. condition (as in terms and conditions) Condition means an intricate detail(s) in a contract which the contractor is legally bound to and which is critical/integral to the successful completion of the contract, such as the location of the contract 5. contract term (as in they won’t accept that contract term) Contract term means the verbiage in a contract which is a complete sentence or theme, by which both contracting parties are legally bound 6. cost (as in cost estimate) Cost means the total monetary value for a unit of supply, service, deliverable and/or the total monetary value of a contract if a lump sum 7. dispute (as in a dispute must be handled under FAR 33.2) Dispute means the contracting parties do not agree on a contract matter and have reached an impasse or otherwise are unable to resolve the disagreement 8. equitable adjustment (as in they want an equitable adjustment) Equitable adjustment means a request by either party to a contract to alter/amend the contract due to a perceived deviation to the terms, conditions or language of the contract which was caused by the other party (the resolution may or may not be a monetary adjustment to the contract) 9. evaluation factor (as in source selection evaluation factor) Evaluation factor means a business practice, experience, theory or attribute deemed by the acquisition team as germaine to the successful completion of a certain contract requirement 10. fairly (as in COs must treat contractors fairly) Fairly means even and temperate interaction with/of/toward the contractor using sound business acumen 11. incentive (as in contractual incentive) Incentive means additional offer of monetary, material or service benefit(s) in exchange for exceeding the standards in a contract 12. need (as in an acquisition should fulfill the Government’s needs) Need means the contract end user's (customer's) minimum requirement for a supply or service required for official business reasons with the caveat that the taxpayer is ultimately fiscally responsible 13. profit (as in we offered them a fair profit) Profit means the contractor's disposable net income remaining after deducting the total received after final payment and a release of claims 14. purchase request package (as in the purchase request package was inadequate) Purchase request package means the complete set of documentation compliant to legal, appropriations, FAR and other regulations and sufficient to solicit/contract the total solution responsive to the customer's exact needs at a fair and reasonable price to both parties 15. rating (as in evaluators will assign a proposal rating) Rating means the number or value assigned by persons evaluating a proposal to assist the CO or SSA to make an informed, viable, responsible and appropriate selection decision based on the factors 16. relative importance (as in evaluation factor relative importance) Relative importance means the weight that should be attributed to one evaluation factor in comparison to/as apposed to another 17. requirement (as in the program office specified its requirements) Requirement means any tenet deemed essential by the customer to achieve a fully successful outcome of their need 18. risk (as in contract performance risk)\ Risk means the extent to which the contractor might fail to meet one or more requirements in a contract 19. tradeoff (as in source selection tradeoff analysis) Tradeoff means identifying and documenting the "this" for "that" rationales and scenarios considered while comparing elements of proposals, including total cost, as their importance pertains to the advertised evaluation factors in a solicitation in order to recommend the best value award decision to the Contracting Officer 20. uncertainty (as in uncertainty about performance outcomes) Uncertainty means educated doubt based on past performance or other credible information with regard to a contractor's ability to satisfactorily complete the contract or an element of the contract -- -- PS – This was much harder than I thought it would be! It is definitely a great exercise and causes one to do some deep thinking. Thank you for the challenge.
  2. I came across this old thread on the site which is in opposition to this string... I have to admit I am confused. Thoughts?
  3. Thank you for your discussion and comments.
  4. The concern relayed is that the solution leaves out the part that a "supplemental agreement would be a noncompetitive creation of a new contractual relationship. All of the case law that I have found says this is a cardinal change and an improper de facto sole source award. If the option performance term has expired the agency no longer has an option to exercise, regardless of whether the contractor is willing to accept the late exercise. In my opinion, in this situation the option exercise would be a sole source procurement and would need to be justified under an exception to the requirement for full and open competition."
  5. We have a similar situation where one of the three AE IDIQ options was inadvertently not exercised and a delivery order was issued. Would you mind citing the authority or your rationale for issuing a supplemental agreement in this instance? We have dissenting opinions in the office and although I shared this post, Legal questions the action because there is no authority cited. Thank you.