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thecontractingguy

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Everything posted by thecontractingguy

  1. I'm looking for opinions on whether Davis Bacon wage determination is needed and to be included in solicitations for requirements that include such services as concrete bore drilling or services for lighting installation. This is not for new construction type work, rather repair/refresh of current buildings. Also types of services such as installing a new fire alarm system in a currently occupied building. I have a vendor asking for the Davis Bacon wage rates and I am determining if that would apply (concrete boring in existing structure).
  2. Davis Bacon Wage Determination For Non Construction

    This is in regards to a standalone purchase order. The example would be the purchase and installation of a new fire alarm system in an existing building. What causes me hesitation is whether or not this would apply under FAR part 22 because I'm not sure if it would be deemed a type of construction.
  3. Can anyone provide an opinion as to what the advantages or disadvantages are of a Unpriced Purchase Order (UPO) vs. a Time and Materials (T&M) Purchase Order are? Both situations the CO would include a NTE on the order. The situation would be for repair services where the exact costs is unknown at the time of establishing the PO. I like to use the example of taking your car to the mechanic and they don't know what the costs is going to be at the time as they don't know what the problem is yet. I am not taking about a situation of paying for a tear down and evaluation PO before establishing a FFP on the repair. Some vendors don't agree to that and some are traveling to a site to repair so they don't have time to wait for a FFP order after they figure out what the problem is.
  4. Does anyone have some insight into shipping terms for supplies that vendors quote on? Example include shipping terms, EX Work, Delivery Duty Paid (DDP), Delivery at Point (DAP), etc. I get confused on this as the FAR does not touch on these and some vendors will not change to one of the FAR shipping terms.
  5. Shipping Terms Not Called Out in the FAR

    I would like what has been done by some when they run into international shipments with shipping terms that are not found in the FAR i.e. EX Works.
  6. The question has come up before but can I get input into you all thoughts on what options are available when you have a commercial item simplified acquisition that includes travel for the services included in the purchase order? Some COs will say that it should be FFP travel cost while others say we should pay reimbursement for actual travel cost rather than a fixed priced amount. I am looking for a way to do the cost reimbursement option for travel cost as this makes the most sense to me.
  7. FFP Simplified Aquisition With Travel Award Options

    Travel is for the contractor to make repairs to an item on gov site. The cost proposed is $100k. Could take 2 trips for the contractor to fix. POP has a 6 month period.
  8. Ratification needed?

    What are you all's thoughts on software maintenance renewals processed by the CO after the date that the renewal starts? Many times customers don't renew their software subscription on time so with most vendors in order to renew the software you have to pay for any updates that occurred between the last day that the subscription ended and the period in between when it is going to be renewed again. The question of is it a ratification has come up. Another scenario is when customers have yearly access to catalogs (yearly subscription) and the next years subscription procurement does not get to the CO until after the next period has started. I ask all of this because some things are easy to tell if it is a ratification. Customer tells a vendor to ship a product. Product is received and vendor wants to be paid. No contract in place so it's a ratification. I don't see it so black and white with software subscriptions and other type subscriptions.
  9. Ratification needed?

    the vendor decided to keep providing the service so I think we are ok.
  10. Can someone shed light on this scenario: Business size in GSA shows large business on a vendor. Vendor has more NAICS codes in SAM and the appropriate NAICS code for the requirement, the vendor is listed as small business in SAM. Can you award a small business task order award to the vendor if the vendor's GSA contract shows awarded to a large business? How do you deal with vendors that have multiple NAICS codes in this situation where they are small business for some and large business for others and their GSA contract shows them as large or small business?
  11. Funds for Non Severable Services

    If an appropriate is two year funds and the service is non severable, can the current year funds be used to fund services in FY18? So the example is FY16 funds that expire 9/30/17. So non severable allows crossing FY16 and into FY17, but not going past the expiration date of the funds 9/30/17? Myself and a cowork are having a lively discussion on whether we can funding FY18 services right now. I don't think we can. I think it becomes a bona fide need issue and anit deficiency issue. Anyone want to chime in?
  12. FOB Destination vs. FOB Origin

    Myself and a few co-workers are having a lively debate on how FOB Destination vs. FOB Origin is used. We are looking at 52.257-29 - Origin. I see this is purely a title risk issue. The government takes the risk on from the initial shipping point. 52.257-34 - Destination, the Contractor takes the r isk until the shipment arrives and is inspected at the Government shipping location. My coworkers are hung up on the belief that if it is FOB Destination, the shipping is free and is not listed on the quote. If FOB Origin, the shipping is charged on the quote as one of the line items. Unless I am missing it, I'm confused as to why this belief of theirs would be true. Another CS's stance is that shipping is always shown on quotes regardless of the FOB type and the FOB type merely is the contractor quoting whether the Gov takes the risk at their shipping location or at the Gov's final destination for the shipment. Any input would be appreciated.
  13. FOB Destination vs. FOB Origin

    Yes, Vern I was more interested in how quotes should look. Some of us hold firm that if the quote is FOB Destination that there should be no shipping listed on the quote. Now we all know that the price of the item was probably bumped up a little but the vendor to cover their shipping cost. FOB Origin and we normally see the shipping as a separate line item on the quote if we are requesting for the vendor to ship for us and provide us an estimate for the shipping.
  14. FOB Destination vs. FOB Origin

    Free on Board Destination means it's free all the way to our destination so Free on Board means its just free to their shipping point?
  15. NAICS Codes - Large Business

    I had an interesting situation come up that I can't say I have dealt with before in my 10 years as a CS. A sole source requirement is being done to a large business who is registered in SAM but not have any NAICS codes listed. Must a vendor have a NAICS code listed in SAM in order to receive a federal contract? Funny how the little things seem to never come up for us!
  16. We posted a requirement to GSA set aside for small business. This was a simplified acquisition. We did not receive any quotes in response to the RFQ. Our Small Business Specialist is pushing back on approving our small business coordination for dissolving the small business set aside requirement in response to our efforts and ask for us to look further and in other places to see if the requirements can be met. My response is that I have already posted the requirement and we received nothing back so as the CO we should be allowed to dissolve the set-aside requirement for small business and go full and open. My question is how far do we really have to go before a set aside is dissolved. We are a high volume office and in my opinion, it is impracticable to go above and beyond what we have already done to try and meet the requirements with a small business. Opinions?
  17. Dissolving Small Business Set Aside SAP

    Sorry for not being clear. Yes it was posted to GSA ebuy so using FAR 8.
  18. Determine fair and reasonableness

    I am looking for suggestions on when fair and reasonable pricing cannot be determined on a $100k commercial acquisition that was sole sourced. What have you all done when you can't find any catalog pricing or previous purchase orders for similar products. The vendor stated that the combination of components that make up the procurement is specialized to the sole source and is not a typical standard COTS that they have commercial pricing for. Is issuing the PR as the IGCE acceptable for fair and reasonableness? Problem is that the PRs in these type situations are sometimes based on the price quoted from the vendor.
  19. Can anyone tell me if there is any exemption for SAT for the Walsh Healey Act? If there is not an exemption can someone give some details on when it might apply for SATs? Can't say I have much experience with the Act.
  20. I'm confused on when a brand name like justification would have to be posted to FBO. The below FAR information tells me that I would have to post the justification with the solicitation when I post to FBO but what about things under $25k that I do not have to post to FBO? What about the justification and any posting requirements for that? FAR 5.102(a)(6): (6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see 6.305). FAR 13.106(b): (b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. (2) For purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to Subpart 13.5. (3) See 5.102(a)(6) for the requirement to post the brand-name justification or documentation. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.
  21. FAR Clause Updates

    Does anyone have a good site where I can get email notifications to updates to clauses and provisions? One of the tedious task is trying to make sure all provisions and clauses we are using are up to date. Wondering if there is a good way to keep up with updates.
  22. Hung Up on Best Value Evaluation

    I've heard multiple instructors talk of best value evaluations on a commercial $100k service and I still don't get a clear answer. Question is does the evaluation factors that will be listed in the procurement have to say what's more important when combined? If not can we just justify the award decision in our memo and detail was was more value to us when we dove into the evaluations?
  23. Best Value Simplified Acquisition

    Can someone speak to the requirements for what information is required in the solicitation regarding a best value tradeoff for a simplified acquisition under $150k? I don't see much in FAR part 13 that talks of importance of evaluation factors. I know we would need to list in the evaluation criteria what factors we will be looking at but do I have to put the standard language of whats more important when combined over price like you might see in a part 15 procurement? I'm trying to determine what we would need to put in the solicitation that suffices for when evaluation of quotes might lead to selecting a vendor with a better technical evaluation but has a higher price than other vendors that quoted.
  24. Procurement below $25,000

    Using FAR Part 13 procedures, is it required to post the JOFOC for an action below $25,000 to FBO after contract award? I have posted the JOFOC before but haven't run into one below $25,000 and now have.
  25. Procurement below $25,000

    Sorry I meant to put in the original post that part 13.5 applies in my situation.
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