Maquoketa

I issued a task order OF 347 and the period of performance doesn't start for another two months.  We realized that there was a problem and need to pull back the task order.  Can I issue a SF30 modification withdrawing the task order, or cancelling it?  Or do I need to do a termination for convenience?

2 hours ago, joel hoffman said:

Sheesh. Maybe a robot operator cones with the backhoe.  

Maybe it is construction work...

A federal employee will be operating the equipment.  The rental services contractor will at most be delivering the equipment and potentially coming back out to fix any breakdowns, or exchanging equipment.  Can you explain further your thoughts?

It is appears the FAR and DOL guidance is silent on this topic of rental equipment without an operator.

Walsh Healy doesn't apply since the contract is under $15,000.

They contend that it isn't a supply since we are not taking possession of the backhoe.

I want to rent a backhoe to do some ground work on federal property with the Government purchase card (GPC).  The backhoe will be operated by a federal employee.  The rental costs will be $7000.  The GPC coordinator said that it is a service and that I can't use GPC since it is over $2500.  I contend that it is exempted from SCA since the federal employee will be operating it and I can use the GPC to pay for it.  I have been unsuccessful in finding any SCA guides to support my position.  The closest, I found was a vending machine rental is exempted from SCA.  Any guidance or references would be appreciated. 

My agency wants to do a professional services IDIQ for CERCLA environmental services.  They anticipate that there may need to be some civil engineering design work needed at times as part of the remediation.  They said that they don't need licensed professionals to do the work. In reading the A/E definition in the Government Contracts Reference Book, I could lean A/E.  The client is insisting that they are not A/E services under the Brooks Act.  I am not sold.

ARCHITECT-ENGINEER (A-E) SERVICES Official- (I) Professional services of an

architectural or engineering nature, as defined by State law, if applicable, that are required

to be performed or approved by a person licensed, registered, or certified to provide

those services; (2) Professional services of an architectural or engineering nature that are

associated with research, planning, development, design, construction, alteration, or repair

of real property; and (3) Those other professional services of an architectural or engineering

nature, or incidental services, that members of the architectural or engineering professions

(and individuals in their employ) may logically or justifiably perform, including studies,

investigations, surveying and mapping, tests, evaluations, consultations, comprehensive

planning, program management, conceptual designs, plans and specifications, value

engineering, construction phase services, soils engineering, drawing reviews, preparation of

operating and maintenance manuals, and other related services. Source: FAR 2.10 l. If these

services are acquired under a separate contract, the procedures set forth in the BROOKS ACT

(ARCHITECT-ENGINEER PROCUREMENT) must be followed. See FAR Subpart 36.6.

However, such services can also be acquired as part of a DESIGN-BUILD contract. DFARS

Subpart 236.6 provides guidance for procuring A-E services in military CONSTRUCTION.

See Ness & Medill-Jones, A-E Government Contracts, CoNSTR. BRIEFINGS No. 88-11 (Oct.

1988). See also ARCHITECT-ENGINEER CONTRACT.

Two questions:   

1.  Is it A/E or SCA Professional Services? 

2.  In the above definition under (I); can anyone clarify as “defined by State law, if applicable” what this means.  It was always my understanding that the state doesn’t have any jurisdiction over federal projects conducted on federal lands.  Thoughts?  By the way, the project is located in California.

The requests of my customers never get old.  I had two construction task order projects that came in below the Engineer's Estimate and funding available for the project.  They are looking for a way to keep the excess money on the contract.  I have included their email request for your viewing pleasure. How would you respond? 

Engineer's email:

We’ve had a few chats about the extra funds on the IDIQ task orders. Assuming the evaluation panel’s recommended contractors are awarded the task orders, than some of the task orders had higher dollar amount allocated in the requisition than the bids that came in. With regards to the extra funding for those projects, I was instructed that we need the full requisition amounts to stay with those task orders as of now, rather than releasing the extra funds.

59 minutes ago, Vern Edwards said:

There it is.

(That's a '60s expression. Does everybody get it?)

Sorry Vern,

I couldn't find the expression....

http://www.the60sofficialsite.com/Do_You_Remember_The_60s_Slang_.html

It is always hard to find the sweet spot when it comes to negotiating a price that is a win, win.  I wish there was an easier way to find the reservation point of the vendor.  It is an art....

I wanted to update everyone on the outcome.  I have a signed PO in place for $954,720.00.  The contractor made this statement: Here is the signed SF 1449. Thank you so much for this opportunity to work with you and your team.

It appears we have a win, win.

Thank you everyone for your feedback on the topic.  I had a gut feeling that the IGE was good and that there was room for the vendor to come down.  I know a lot of contract specialist that will just run back to the programming office and ask for more money without ever consider negotiating first.  I never forget that I am a guardian of taxpayer funds.

Thanks again everyone.

I posted a RFQ for Commercial Services on FBO.  I receive four quotes that are acceptable.  The prices came in $1,050,000, $1,075,000, $1,125,000 and $1,175,000.  Programming only has $950,000 available for this project.  Is it acceptable to go to the lowest quote I have and ask them to reduce their price to $950,000 and send them the PO if they agree?  I am essentially counter offering their offer.  Thoughts?  

Can anyone recommend source selection reading material beyond the FAR and agency supplements?  It appears that Vern Edward's Source Selection Answer Book, 2nd Edition is out of print.  What is the go to source now?