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Deaner

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  1. Deaner

    Evaluation Factors

    You’re getting too hung up on the VA’s electronic contract management system, the instructions it gives at each provision/clause fill in, limitations associated with that system, and what the FAR tells you do. When I worked at the VA we contracted for courier services as you described and we went low price, made a responsibility determination and called it good. In my experience at the VA, I agree with your statement that these almost always get protested. Search GAO’s website for crosstown courier service and you’ll see they protest often and rarely successful, and they’re not the only ones protesting these. So, your effort to keep a protest down would be best by simplifying how you’ll evaluate quotes. 13.106(a)(2) - That's it. Do what Vern says in his first post and be done, make your life easier.
  2. Go paperless. Get rid of paper contract files. Require digital signatures for all internal documents, and external documents when verifiable. Reduce the number of reviews and re-reviews for solicitations, acq-plans, contracts, etc. Hire less 1102’s and more low grade procurement techs and purchase agents to handle clerical tasks and simple buys. Hire or contract with procurement analysts to handle data calls. Or reduce the number of data calls.
  3. Deaner

    Truth Decay

    I was sitting in our design team area yesterday while contracting’s area got new carpet. I just asked does 2+2 ever not equal 4, and one of them got up and drew me a picture of a clock and the math on a white board. He probably read something similar before or maybe a professor in school taught him. He’s a smart guy, but he's not that smart to come up with something like that on his own.
  4. Deaner

    Truth Decay

    I could prove that not to be true using Modulo Operations and a 12 hour clock to represent a 24 hour day. I think of a lot of theories as facts until disproved. I think a lot of theories can't be proven entirely.
  5. You can add non-conflicting clauses to GSA schedules. By non-conflicting i mean you can't insert clauses such as 52.243-3 when 52.212-4(c) would apply to the schedule. The homeland security acquisition manual places certain restrictions on incremental funding. See HSAM 3032.702(e). DHS also has a memo which essentially provides a deviation for their acquisition manual to specifically allow for the use of incrementally funded T&M contracts when operating under a continuing resolution (CR). I’ve seen in other agency supplements that address incremental funding during CR’s such as DTAR 1032.770. So, my opinion is yes, DHS can. Whether or not they were under a CR I don't know. https://www.dhs.gov/sites/default/files/publications/Incremental Funding Fixed Price and Time and Material Contracts During a Continuing Resolution.pdf 3032.702 Policy. (c) Additionally, all contracts and requirements using private sector financing shall be approved by the Office of Chief Procurement Officer (OCPO). The HCA shall submit the action, including legal counsel review and approval for legal sufficiency, to the OCPO for approval. (d) The minimum guaranteed quantity specified under indefinite delivery indefinite quantity contracts must be fully funded (obligated at the time of contract award.) (e) To avoid violating the Anti-Deficiency Act, fixed-price, labor-hour, and the time portion of time-and-material contracts shall not be incrementally funded. Cost-type contracts and the material portion (including, if appropriate, material handling costs as part of material costs) of time-and-material contracts may be incrementally funded provided such contracts include FAR Clause 52.232-22, Limitation of Funds, and comply with other applicable requirements. Policy On Incremental Funding During A Continuing Resolution …….The authorities granted by this memorandum expire upon promulgation of permanent policies in either the FAR, HSAM or Homeland Security Acquisition Regulation, or upon notice by the DHS Office of the Chief Procurement Officer..... (I) Policy (a) A fixed-price, Time and Materials or Labor Hour contract or order for commercial or noncommercial supplies or services may be incrementally funded only if, during a Continuing Resolution (CR), the department or Component is not allocated sufficient funds to fully fund a contract action that is otherwise authorized to be awarded, if approved one level above the contracting officer and­
  6. Deaner

    Contract status / PR tracking system?

    That's what we use is excel. If you want to be able to update a document while someone else is working on it you'll need SharePoint, which is pretty standard these days. Google docs has had this feature for a long time. Microsoft got it later. It's called co-authoring and document collaboration. Google co-author and SharePoint or word or excel and you'll find information that will tell you how to do it.
  7. Deaner

    SF 1449 Block 29

    I’ve heard arguments both ways that you should leave it blank if soliciting quotes, and that you should put the quote number, the date it was accepted and the items that were accepted. I think the SF1449 uses the terms interchangeably. I would just leave it blank and make sure you have several other indicators that would show the Government and contractor intended to be bound by the contract once signed.
  8. I’ve seen this as a special condition where it requires the contractor to notify the Government anytime their key personnel are changed from what was initially proposed. I don’t know that it’s in the FAR though, and while it doesn't specifically state unavailability, it's something similar in my agency supplement. KEY PERSONNEL (a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate. (b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change. The Key Personnel under this Contract are: (specify key personnel) (End of clause)
  9. 2C171/1 is a permissions error code. Did you click the link for the download > didn't work > then signed in to post that it didn't work? If yes i'd guess the issue is it's only available to members given Bob has made sure all members could download the attachment. If what i said was correct, log in and then try to click the link.
  10. Deaner

    Where/ How to start learning?

    There also might be clauses you do not want to be included in your contract that gives a certain degree of rights in data or liability, for example. I’d be cautious about primes giving a blanket set of flow down clauses that might require a sub to do something that the sub shouldn’t have any business doing.
  11. Deaner

    page limitations on proposals

    Have you asked the CO if they'd change it? I once worked for an agency that included similar page limitations as you are describing for all RFQ's they posted, regardless if it was for $100k grounds maintenance or a $20 million construction project. Maybe the CO just includes it out of habit..
  12. When I worked for the VA I had a situation where we awarded 5 IDIQ’s to SDVOSB’s. One of the SDVOSB’s lost their status (survivorship rights ended). An attorney told me we couldn’t use that contract anymore regardless of the language at 13 CFR as a result of the Kindomware decision. I didn’t look into it any further or verify that the reasoning was correct however. If the attorneys reasoning was correct, that's the only exception I could think of.
  13. 13 CFR says something to the effect that you can't use cascading procedures unless you have statutory authority to do so. I'd have to reread it and see exactly what it says about making awards to multiple socio-economic businesses, i just know it's in there somewhere. Based on your above post i don't think this thread will be here much longer so i'm not going to put anymore effort into this answer.
  14. I don't recall seeing a protest under $25mil for DOD where GAO declined to hear it since the NDAA 2017 signing, but there have been protests where GAO specifically mentioned their authority to hear protests within their jurisdictional threshold. See Note 1. http://www.gao.gov/products/D16742#_ftn1 GAO isn't going to wait for the FAR to be updated. Maybe not all that applicable here, but agencies shouldn't wait either when something is authorized but hasn't been included in the FAR.
  15. Deaner

    Multiple Solicitations

    What types of items are you buying?
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