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Smurphy430

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Posts posted by Smurphy430

  1. An interesting point came up the other day. I am a member of a contracting agency, we service other commands. If one of those commands wished to by equipment for one of their customers they would have to have the using command purchase the equipment, correct? We are talking about 40/50 Million in equipment, not some small purchase. I suggested they have the using agency acquire whatever equipment necessary on their own from CHESS and we would develop a contract to do the installation. However, the buying we could not do?

    Am I right in my assessment, if so can anyone point me to regulatory guidance to support my position?

    Thank you in advance Steve

  2. I think the FAR is stating a necessary condition for exercise of an option, but not exactly a sufficient condition. In other words, if there still is an existing need, the contracting officer may exercise an option, but I don't see that he or she is required to exercise the option at that point.

    Well I may have explained it poorly the contract option has been exercised. Then task orders are ordered against the contract, we are just talking about not ordering a piece of the contract anymore. I think we will be alright because we have met the garunteed min, and the contract is still in place we are just not ordering as much as we did in the past. Similair to a de-scoping of work...by letting the existing task order with that particulare work expire...

    Thank you...

  3. I wasn't aware there could ever be a risk to the government for not exercising an option unless the services are still required or the option in question is somehow tied to the pricing of the options that were exercised (which seems rather complicated). Of course, a complicated government contract would not come as a complete surprise.

    Well we still need the services, but we are going to do the work in-house by government folks, will that be a problem?

  4. I have a services contract that has three seperate task orders, one for each of the signatory organizations. Two of the option year task orders have been exercised for option year 4, the next task order is due to be exercised in Dec, I have met the garunteed minimum. Is there any risk to the government if we do not exercise the 4th option year in the third task order?

    I have looked through GAO and other areas but cannot find anything that realy fits my needs, any assistance would be appreciated.

    Steve

  5. bw:

    I wrote: "The clause does not limit the government's rights to data that have been delivered." I meant that. The clause gives the government rights in data of particular descriptions. It does not say that the government gets those rights only if the data have been delivered. I think the government gets rights in any of the described data, whether those data have been delivered or not. For example, the government gets unlimited rights in technical data "Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data)." If the contractor has data of that description, then the government has rights in those data.

    But if the government has not purchased the delivery of those data, then its unlimited rights are worthless unless it can get possession of the data. The clause does not say that the contractor has to deliver any data. The requirement for delivery should be specified elsewhere in the contract, in the Contract Data Requirements List. So I think that the government might have the right to use, disclose, etc., data that have not been delivered and that it does not possess. The question is, how if at all can the government compel or persuade the contractor to deliver the data?

    All, as a caveat, I am on the other side, I am a contract specialist for the government. I have the current contractor working on a government task order for engineering services under a ID/IQ. The task order is up for recompete. The twist comes when the contractor has gathered data, (not a specified deliverable), that was requested after the fact by the government, (but never identified in writing). Now the contractor says they have all the rights to the data, which gives them a definite advantage for future efforts. However, since the data was collected through the use of this task order, on government time, money, and resources, does not the government own this data regardless of whether it was a spelled-out deliverable?

    Thank you for any help?Steve

  6. Agreed, my CO was just looking for some regulatory backup to her decision to allow contractors to re-staff substituting experience for education. As far as I am concerned as long as the decision is reasonable let them do it; we the government should get out of the business of reading and approving resumes. Ultimately, the contractor is responsible for staffing the contract with qualified personnel?

    Steve

  7. What about the myth that if you enter a five year ID/IQ contract as a small business than you keep that status until after the contract is over. Most people don?t realize the Clause 52.219-28 where you have to update your status if it changes, possibly disrupting the new interpretation of the ?rule of two?, if at least two of your contractors have Small Business status. We are in this situation now?

    Any new info on policy decisions for the rule of two?

    Steve

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