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jljordan

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Posts posted by jljordan

  1. Jacques -- respectfully --

    We've run into this situation before in my office. Most software licenses cannot be written for a period of less than one year, so to echo Vern's sentiment, the best way to handle this is to write a contract with the actual start date of performance (i.e. the day after the previous contract expired); sign it; and move on. And of course, the lesson learned, is to figure out a way for the contracting office and the customer to track end dates better.

  2. The definiition of unbalanced pricing is where the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques - from The Government Contracts Reference Book.

    Does the work change (decrease) in the option years? Has the contractor planned for the learning curve, meaning work in option years can be performed more efficiently than in the base year? I agree that normally you would not see a decrease in price but there may be more to the story.

    ~jj

  3. Multiple award IDIQ contract was awarded with the guaranteed minimum obligated on the base contract with FY11 funds. The base ordering period is July 2011 - July 2012.

    (I am the ACO, I cannot speak as to why it was awarded this way.)

    While I understand that contractors aren't due the minimum guarantee until after the end of the base ordering period - I am concerned about violating fiscal law if all of the contractors are not awarded a task order by 30 SEP and the minimum is sitting on the base contract when we go into FY12.

    Am I required to spend the FY11 funds prior to 30 SEP, or can they be used in FY12? My gut feeling is that they must be spent in FY11 but I am not a fiscal law expert by any means.

  4. Under what circumstances (if any) would it be appropriate to inlcude FAR Clauses 52.232-20, Limitation of Cost and 52.232-22, Limitation of Funds in a fixed price service contract with a cost-reimbusrable travel CLIN? Travel will make up less than 10% of the total contract price, if that is a consideration.

    Please explain why or why not it is appropriate so I can educate myself - this is a new one for me. Thanks in advance for any help.

  5. Don,

    See C & G Excavating. The court held that where a FAR requirement and an SBA regulation directly conflict with regard to the standards set for SBA actions, the SBA provision will generally be preferred.

    I was taught that if the plain language of a regulation contradicts the statute, the statute trumps; but if the statute leaves room for an agency to interpret it further, that the agency regulation will generally be ok.

    I don't know what to think, now.

    ~jj

  6. I had also heard that the option was not being exercised.

    I never had much luck with FedBid as a buyer. In one particular instance, the specifications clearly stated (I am making up exactly what we needed to protect the identity of the particular vendor) we needed a three-pronged widget. The vendor gave a quote and specs for a two-pronged widget. When I ended the buy, I got a very angry phone call from the vendor wanting to know why he was not awarded the contract. When I explained his items did not meet the specs, he told me that nowhere in my RFQ did it state the need for a three-pronged widget. I asked the vendor to read the first line of the description. His response was, oh, you expect us to read? Ummm, yeah...we sure do!

    You can't make this stuff up. My supervisor was in my office with me at the time, and after the phone call ended, we laughed for an hour. We still giggle about it every now and then.

  7. I am in a DoD organization looking for some guidance/policy/regulation, etc. on when it is appropriate to have a BPA or BOA for re-ocurring services.

    A service is required several times a year on an as-needed basis, and the total amount expended upon these services will exceed $2,500 in a one-year period. Individual purchases do not exceed $2,500. FAR Parts 13 and 16 give general guidance on how and why to establish a BPA or BOA. I would like the regulation (if such regulation exists) on why a BPA or BOA would have to be established if the collective dollar amount expended for these services exceeds the micro-purchase threshold for services in a one-year period.

  8. I have a commercial contract that I am administering and am preparing to terminate for convenience.

    The following clauses are included: FAR 52.212-4 and FAR 52.249-2.

    52.212-4 was not tailored in any way, nor is there any documentation in the contract file as to why the KO included 52.249-2.

    I have read FAR 12.403(a) which states the requirements of Part 49 do not apply when terminating contracts for commercial items, but can be used for guidance.

    My question is this: since both clauses are in the contract, do I simply ignore 52.249-2 and use 52.212-4 exclusively?

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