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About sackanator

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  1. sackanator

    Made in America on GSA

    This was a tool milling machine, not IT.
  2. sackanator

    Made in America on GSA

    I reached out to the contracting officer of the FSS that was used to order the machine. I have a concern about the listing under contract GS-21F-XXXXX. They list the machine as a made in United States of America. We did an award for this product stating All applicable FAR and DFARS clauses and provisions are applicable. After awarding a contract to this company and seeing that the product was made in America, we did not apply FAR part 25.105 for reasonableness of cost. This was a small business set aside, thus a 12% inclusive of duty should have been added to the price of their quote, otherwise the alternative product that is made in America should have been the winning quote. I mention this because the manford website Caution-http://www.manford.com.tw/ < Caution-http://www.manford.com.tw/ > says they are based out of Taiwan and the attached duty free shows that this machine was shipped out of Taiwan. This was the response "Are you referring to the Buy American Act if so, that does not apply to MAS contracts, also the Small Business set-aside does not apply, and Taiwan is a TAA compliant country under 52.225-5.
  3. sackanator

    Made in America on GSA

    The product was a Manford machine http://www.manford.com.tw/. There is no indication that " they do not know where it will be coming from (since they are not buying from the original manufacturer)". The duty free waiver for the product coming from Taiwan with a value of Foreign Supplies $52,000 and total dollar value approximately $92,000 to me shows they knew they would be buying direct from the manufacturer. This was done as an RFQ on GSA E-Buy, during the solicitation period the company rep that provided the quote for the Manford called me from Taiwan.
  4. sackanator

    Made in America on GSA

    Yep I did, just kidding. I haven't spent enough time to be in complete understanding of the different terms under that FAR part.
  5. sackanator

    Made in America on GSA

    Taiwan is a qualified country under the WTO GPA. Since this requirement was a small business set aside, if FAR 25.401(a)(1) lists acquisitions set aside for small businesses as an exception to the Trade Agreements, would I still be able to consider products from Taiwan, Italy or any of the other WTO GPA's under set asides to small business?
  6. sackanator

    Made in America on GSA

    I did include a statement on the E-Buy RFQ "All applicable FAR, DFARS & AFARS clauses and provisions apply to this RFQ" knowing that GSA does not include DoD or AFARS clauses in their awards. Not sure if that would hold much weight in a court room or is considered a proper statement. There were two quotes received. My concern is that on GSA Advantage they list their product as made in the USA, thus no reason to evaluate their quote under FAR 25.105(a-c) since both quotes said that the products were made in the USA. The quote that won was just slightly less than second lowest price. If I would have used the 12% added price since it was a small business set-aside the second place quote which is known to be an American made product would have won. As it was, we have had a lot of difficulty with the vendor that won the award. If they claiming to have made in America products that are actually made/manufactored in Taiwan, I want to at least let GSA know about it. Would a qualified country count if FAR 25.401(a)(1) applies? Part 25 and its supplements is not my strongest point in understanding but aren't there minimum amounts (191K) to use the WTO GPA if this requirement was just shy of 100K.
  7. sackanator

    Made in America on GSA

    DFARS 225.872-1(a) if I read it correctly states, "DoD has determined it inconsistent with the public interest to apply restrictions of the Buy American statute or the Balance of Payments Program", which I thought to understand this pointed to FAR 25.103(a) for exemptions of the BAA.
  8. Background: FFP contract award using GSA, publicized on GSA E-Buy as a small business set-aside. Award amount was $92,112.00 which included a program counsel for operating the machine. On GSA the product is listed as Made in America, at least for the main component currently listed at $43,002.52. A duty free waiver was submitted to this office for Foreign supplier with a "Value of Foreign Supplies = $52,000.00". Taiwan is not listed as qualifying country DFARS 225.872-1 & 225.003 (10). Since it appears that over 50% of the value of the item is made in Taiwan, and Taiwan isn't a qualifying country would FAR 25.105(a-c) apply for evaluation. (12% since its a small business concern) Also if evidence suggests that they have the item listed as made in America but the duty free waiver indicates it was made/sent from Taiwan, would that be a bit deceiving. I can't be sure because I don't have a breakdown of the quote associated to the various components of the system. In other words it might be possible the main component isn't part of the $52,000.00, however the "Product/Supplies Description" in the duty free waiver seems to indicate it is the main component.
  9. sackanator


    As always when I have read posts that you have commented on Vern, I thank you for providing a trail to follow that will help make a little more sense of the subject. I would have tried providing a bit more info with the question but my home computer is touchy with some government websites.
  10. sackanator


    Wondering if anyone can elaborate on the 52.222-52&53 Provision/Clause. Would it be ideal for small dollar buys above the micro such as lodging/catered meals/porta-john cleaning? Been researching and trying to fully understand lodging and some items that are cloudy/greyish concerning if they are a service or not. FAR 22.1003-5(d) lists Food Service and lodging as covered under Service Contract Labor Standards (SCLS). Seems pretty straight forward. Being under the Army umbrella they make it pretty time consuming for anything to fall under the classification of "Service". The requirement to fill out an RSCAF for inherently governmental functions, ATOPSEC coversheet, and the Contract Manpower Reporting function I believe names a few. There is also the requirement under SCLS to require the business to pay a 10.15 minimum wage if covered under the SCLS. When you are only awarding a 4K to 6K contract award for lodging we are talking about trying to walk two miles to the grocery store just to pick up one gallon of milk. If you look under the guidance for the Army RSCAF under Q&A it states the Army considers Lodging to not be a service and an RSCAF is not deemed necessary. It does not list how or why the Army has made this determination. If anyone knows how or why please let me know. When reviewing some FBO solicitations I noticed one agency had a stand alone 52.222-52 provision for the business's to sign when submitting their quote for a lodging requirement. Reading through the requirements it seems to make sense but some of the language seems rather vague. " 20 percent of available hours ..... servicing the Government contract." I have read FAR Case 2001-004 but didn’t seem to touch much on the back ground of 52.222-52&53. Does anyone have a good source that covers the provision 52.222-52 “Exemption from … SCLS … --Certification“ and the clause 52.222-53 “Exemption from … SCLS … --Requirements” I have heard some discussions concerning lodging but believe catered meals (not food service) have entered the arena also.
  11. sackanator

    damage to Government property

    I thank you for the replys, it was a co-workers requirement he was managing who was asking questions which I wasn't overly sure in responding. As I am further exploring this award there appears to be a whole slew of problems so I might have to stop here and thank heaven that it is not mine to administer. The comments above will give me a foundation to research, thank you. In response to the one question is was considered a supply since the bulk of the cost was assigned to the supply/furniture.
  12. Contract to a government agency, ohh lets say UNICOR for furniture and installation of that furniture. In the process of furniture installation they do damage to government property (the floor and walls). They have been told to fix the damage they cause around 6 months or longer. They still have not taken action. Is there a clause, legal case dealing with damage to government property and a timelyness to fix/correct the issue? Especially when its a government agency that caused the damage? Everything I've found in the FAR seems to deal with damage to government furnished property especially FAR 45.