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  1. Seems like there's a trend to just award any kind of commercial service requirement as a Purchase Order nowadays, as long as it meets the threshold prescribed in FAR 13.5. I'm currently at a location now that's executed all of their primary base service contracts as P types. Grounds, Custodial, every standard service contract that a traditional contracting office might normally execute as a c-type, is now a 5-year purchase order (with 1 year options). When I ask why, I generally receive the same answer: because it's easier. Why do FAR 15, when you can go 13.5? I can't honestly say i've been able to find anything in the FAR that says they can't do it that way either. It's a little weird, (i personally feel its lazy) but i can't really find fault with it in terms of anything specific in the FAR that says, no, you must do a C-Type contract when contemplating x, y, z. In the end, I guess if you do an RFP under 13, or a solicitation under 15, the end result is the same: a contract. And whether it's P, or C, is just a meaningless designation. As a forum of last resort, I wanted to ask here. Am I missing something in the FAR that can clearly delineate when to use what type? If there is already a clear topic on this subject, please post the reference and i'd be happy to read through, thanks.
  2. Good morning. Our contract writing system (SPS) does not sort provisions to the bottom of the document (after documents, exhibits and attachments- as indicated at 12.303(d)) and I've been browsing FBO since yesterday and have yet to find a contract organized as specified in 12.303. So I'm just curious, but does "anyone" actually follow the format in FAR 12.303 when preparing the SF 1449?
  3. That's interesting, a lot of the pass/fail criteria that I see out-and-about such as on FBO generally lead to nothing. So what I understand you're saying is that a gate leads into the evaluation of a related factor. For example, you can't have a technical pass/fail criterion that leads into a past performance evaluation; rather, that technical pass/fail gate has to lead into a relevant technical evaluation (i.e., you must address all five bullet points of XX Technical Plan in order to be evaluated for technical acceptability)? That makes a sort of logical sense.
  4. Thank you Vern as always. Can we build pass/fail gates outside of evaluation factors? For example, we evaluate price/cost for fair and reasonableness, and then set up technical criterion as pass/fail (assuming there are other complex Technical or PP Factors to evaluate afterward?
  5. For those familiar with DoD Source Selection Procedures, what is a "gate"? The DoD Source Selection Procedures refer to "gates" twice, in paragraphs 2.3.3; and under Appendix A Topic Area 4: (i), both in reference to "go/no go" or pass/fail criteria. The guide doesn't actually define what a "gate" is. The Guide defines "Quality of Product or Service" as any non-cost factor including past performance. It then defines "technical" as any non-cost factor other than past-performance. Go/No Go is mentioned 3 times in the DoD Source Selection Guide, in para, in relation to critical requirements that are subjectively evaluated; and again in 2.3.3. stating solicitations may contain Go/No Go "Gates" as criteria. It's a little confusing. My question is, is a "Gate" a Factor? Or is a "Gate" just some bit of specified, non-complex criteria that's used anywhere in the evaluation process exactly as it's common usage implies? For example, if you're evaluating a Technical Factor, can a Gate be built into the Factor, or does the pass/fail criteria exist outside of Factors?
  6. Does it matter how often it exceeds $25,000? Let's say it exceeds $25,000, 5 times a year, which is 25% of the average total, historical data available so 20 times a year a rupture or flooding occurs inside a facility (this is just pure scenario by the way).
  7. Hi Vern. I'm not really asking for a full Source Selection Plan and AP. We're just spitballing a scenario that I haven't found a decent answer to. I have asked this scenario among my peers in my office and haven't received an answer I think is sufficient because it doesn't address the limitations of the FAR. I also think I've provided enough information, other than agency which you could have assumed to be DoD since I mention bases. Other than that, what do you need? It's a water pipe inside a facility that burst. Let's narrow it down to just water damage. Would that be better? Tomorrow, someone could leave a faucet plugged and overnight a building could flood. I've given you the dollar value, under the SAT. I've given you the response time, 2-4 hours. I've given you quantity and delivery: undefined. By the way I'm not auditioning for prime time, thank you. Just asking a question in the beginners forum, because I'd like to learn from my fellow peers and experts. You've said it yourself, the state of our acquisition community is aweful. Wifcon, however, is a repository for the expertise we seem to be missing and if you'd allow us to ask questions and allow others to provide mentorship (right or wrong) that might improve the community somewhat.
  8. Let's say above the micropurchase but below the SAT. Sorry I should have input this somewhere above.
  9. How would a requirements contract be appropriate in this situation? Wouldn't an agency still have to issue a task order within 2-4 hours (midnight, Saturday)? I understand this, but I still have to comply with FAR 13.303-5(c) and (d) which would take time. I think my question remains, how do you craft an agreement, or contracting "vehicle" that allows for execution within 2-4 hours on a Saturday at midnight when the delivery and quantity are undefined? Let's continue to use the example of a water pipe bursting at midnight, and assume remediation is required immediately.
  10. jwomack, that seems in direct contradiction to FAR 13.303-5(c) and (d).
  11. well, let's assume historical workload and pricing wouldn't be a concern. Under a Requirements contract, how would you award a TO within 4 hours starting at 12AM on a Saturday?
  12. That would be the natural assumption since both delivery and quantity are unknown (assuming single award). The problem is that TO's couldn't be consistently issued with a 2-4 hour response time. What if something broke on a Saturday or at Midnight? The contractor is going to be required to be on call 24/7 to meet the 2-4 hour window but how do you issue a TO against it? Do you park money on an annual TO? I don't think a C type service contract would be appropriate either (disregarding that fact that quantity and delivery are an unknown). What kind of unit of issue would you use? We've just been debating the scenario back and forth and no one's been able to propose a good answer. Someone suggested a 5 year BPA to meet the "long-term" requirement but as in the IDV example, you either do a single award with J&A (assuming FAR 13.5 above SAT) to comply with the emergency nature and 2-4 hour response time, or are compelled to get competition which you would then be unable to comply with the 2-4 hour response time. Thoughts?
  13. How would one structure a long-term emergency services vehicle for the remediation/restoration of facilities (for example a water pipe rupturing)? The contractor would need to arrive within 2-4 hours after notification and immediately begin restoration service. Let's say an incident occurs on a Saturday and base services are not available (other than to shut off the flow of water). The only way I can think of doing this would be foregoing the "long-term" portion and single sourcing a BPA to a vendor 12 months at a time. Anyone have experience under a similar requirement?
  14. I'm not new to federal contracting but I thought this would be a good place to ask this question, and hope that in some eyes, I'm not overcomplicating things. I've often ascribed the borrowing of FAR Part procedures as the borrowing of a section of a FAR but I've been asked whether that's accurate and didn't have a good enough answer. For example someone in my office wants to borrow 1 line from part 15 in a FAR Part 13 acquisition. My answer was that they're borrowing the evaluation procedure, not the evaluation sentence under FAR Part 15 yada yada. But then I'm asked what the definition of a procedure is and I didn't have an answer. It's not defined under FAR Part 2. So my question is, what is a procedure in the context of using a "combination of procedures" from any parts of the FAR to craft an acquisition?
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