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About ContractSpecialistTJohn

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  1. Reponsibility Determination FAR 9.104-3(a)

    Good Day All: I am doing some information gathering. I am interested to know what the contracting officers/specialists here use to determine whether a vendor has adequate financial resources to perform a contract. I know some CO/CS will look at things like current ratio, etc. Thank you in advance
  2. FAR Part 8 Priorities

  3. FAR Part 8 Priorities

    Good day All: I am writing this question which some may think is basic. So here it goes. Lets say you are researching whether to purchase a widget on the Multiple Award Schedule. You find that this widget has only two vendors who provide it. Could you solicit non-Multiple Award Schedule vendors if you include MAS vendors? What are your thoughts on this? What are the implications of going beyond the MAS to obtain better pricing? My thoughts are that the MAS vendors should be solicited and then based on the results, then open market vendors should be solicited. My thought is that it violates the FAR Part 8 priorities.
  4. Past Performance Evaluation

    thanks, but I think the question that I asked was past more on past performance evaluation and not responsibility. I'll take another look. Thanks for taking the time to answer.
  5. Past Performance Evaluation

    If I am doing an LPTA procurement under FAR 13 or 8.4 FAR 15.101-2 states that a COC is required for small business. If we are doing a FAR 8.4 procurement or FAR PART `13 procurement, is a COC required since FAR Part 15 does not apply for 8.404 and is not mandatory13.106-2(b)(1) ?
  6. Past Performance Evaluation

    Good Day, Referring to the requirement in FAR 9.104 regarding a responsibility determination.
  7. Past Performance Evaluation

    Good Day All: For procurements performed under FAR Part 8 and FAR PART 13, is there a requirement to have past performance as an evaluation factor? FAR Part 15.3 states the conditions under which is a requirement to have past performance as an evaluation factor. However, FAR Part 13 and 8 do not require compliance with FAR part 15. Can someone provide an explanation of how they handle these procurements? I would not require past performance as an evaluation factor, however past performance is supposed to be evaluated in every procurement?
  8. Option to Extend Procedures

    A multiple award schedule Blanket Purchase Agreement that has a Four one year options on the contract. The contract has expired and the option was not exercised. Would a termination for convenience letter need to be created? My thoughts are that the option is not an obligation and no termination for convenience is required. What procedures do you use to close out a MAS BPA where the options were not exercised.
  9. Does sending an email to three vendors satisy the FAR posting requirements for a Task order that is between $15,000 and $25,000? The FAR Part states the following, " (2) For proposed contract actions expected to exceed $15,000, but not expected to exceed $25,000, by displaying in a public place, or by any appropriate electronic means, an unclassified notice of the solicitation or a copy of the solicitation satisfying the requirements of 5.207(c). " The FAR does not define "appropriate electronic means" in this Subpart nor does it define electronic means in FAR 2.1. Would email constitute as an "appropriate electronic means"? I looked up this term in a dictionary and the best definition I could find for electronic means is "computer". Thank You.
  10. Administrative Change v Change to Terms and Conditions

    Thank you. Does anybody know what authority a CO would use to incorporate a mandatory clause in a contract?
  11. I am wondering if anyone has experience modifying a contract to add clauses that were supposed to be in the solicitation? What is considered a change that would require a bi-lateral modification? For example, adding an economic price adjustment clause to a contract would require a bi-lateral agreement between the government and its parties? Using the Christine doctrine could a uni-lateral modification be issued to add the commercial contract clauses if they were not included in the original solicitation? Has anyone had experience utilizing the Christine Doctrine to make changes to a contract and how was it done on an SF-30? Thank you.
  12. When is a Subcontracting Plan required?

    In an IDIQ contract with multiple pools, although small businesses are not required to submit subcontracting plan, they have the option to include a subcontractors so that they may compete in a pool where they may not meet the qualifications without a subcontractor. Does this answer the question? What terminology would you suggest to define the above situation?
  13. Good Day All: I have two questions both of which are related to subcontracting. I am inquiring about when a subcontracting plan is required. Is it necessary for a subcontracting plan to be included if Offeror is taking credit for other entity's projects (ie. relevant experience project) or will meaningful relationship letters will suffice? Also for a small business set aside where the small business is the prime contractor what are the requirement for the subcontracting plan?
  14. Good Day All: Is it at all possible to have a private firm or CPA audit and find acceptable an accounting system of a prospective federal contractor? Far Part 42 states " Normally, for contractors other than educational institutions and nonprofit organizations, the Defense Contract Audit Agency (DCAA) is the responsible Government audit agency. However, there may be instances where an agency other than DCAA desires cognizance of a particular contractor. In those instances, the two agencies shall agree on the most efficient and economical approach to meet contract audit requirements. For educational institutions and nonprofit organizations, audit cognizance will be determined according to the provisions of OMB Circular A-133, Audits of Institutions of Higher Education and Other Non-Profit Institutions."
  15. Are FP w/ incentive and FP w/ award fee type contracts allowable under FAR Part 12? FAR Part 12.207 states that FFP, FFP with EPA contracts and time and materials contracts are allowable. However, FAR 12.207(c )(3)d states "The contract types authorized by this subpart may be used in conjunction with an award fee and performance or delivery incentives when the award fee or incentive is based solely on factors other than cost (see 16.202-1 and 16.203-1)." Does this mean that FP with incentive and FP award fee type contracts are also allowable under FAR part 12? What exactly does this mean?