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REA'n Maker

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  1. Commerciality, level of competition, dollar thresholds, supplier power, and CO discretion are also relevant to this discussion.
  2. As a practical matter, I believe that a review of the SOW and the associated market research would be the starting point towards answering that question.
  3. The question is a tad vague, wouldn't you say? constitute [ kon-sti-toot, -tyoot ] verb (used with object), con·sti·tut·ed, con·sti·tut·ing. to compose; form:mortar constituted of lime and sand. to appoint to an office or function; make or create:He was constituted treasurer. to establish (laws, an institution, etc.). to give legal form to (an assembly, court, etc.). to create or be tantamount to:Imports constitute a challenge to local goods. Archaic. to set or place. “Option” means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.
  4. Are you saying that you trade off "travel" with "qualifications"? As Joel summarizes above, the best you could evaluate travel is a yardstick/JTR approach to ensure consistency, so why use it as a criteria? One guy proposes bus travel and the other guy proposes air travel. Do you really want to get into a trade off analysis of those two approaches? To what end?
  5. In the acquisition world, isn't an apportionment synonymous with a commitment (i.e., appropriations are apportioned into discrete commitments)?
  6. Add me to the list of readers not believing the word "funding" is meaningful in the procurement realm. It is merely short-hand customers use to describe budgeting, commitment, obligation, expenditure, and/or disbursement. When someone has an "unfunded requirement", it means a project with no funding component identified. Sponsors fund; customers fund; Congress funds. Procurement starts with a commitment of funds, not "funding". Now; let's discuss the meaning* of the term "allotted funds" as used in 52.232-22 -- Limitation of Funds.... (* NOT "definition")
  7. 66 months???? So you can extend the contract for 5-1/2 years in addition to the base + option periods???
  8. This has got to be some of the worst language in the FAR. It seems like everyone has a different interpretation, for example, "insert the period of time within which the Contracting Officer may exercise the option" seems to suggest that "from 1500 GMT 21 MAR 2018 to 1500 GMT 21 APR 2018" would be just okey-dokey because it specifies a "period of time". But that would be stupid. Personally, I follow the lead of the clause author and write in "X days before the contract expires" after "within". Still hate the language though. What the heck were they thinking when they wrote that one???
  9. But the city-pairs aren't known.....why would you even bother comparing Seattle-DC with Baltimore-DC? Just say "closest LPTA wins".
  10. Assuming that the goal of the contract is not "travel", why are you evaluating it? Just say travel will be treated as a reimbursable per the JTR and be done with it. No one is favored or prejudiced. Otherwise, level of performance might end up being determined by who can travel cheapest, not who has the best qualifications.
  11. Companies use internal templates all the time. They also copy old proposals, sometimes not even bothering to change the name of the soliciting agency. Whether proposal templates are bought or recycled seems irrelevant. My understanding is that the only real restriction is on contingent fees. The government is also guilty of templating and using recycled RFQs and contracts, so there's that... Nothing you can 'do' about it, really. Short of actual conspiracy among offerors, I don't know how you could reject an otherwise acceptable proposal because you think it might have been based on a 3rd party template. The oral presentation idea is a good one, but it also begs the question of "do you wait and look at the proposals before you decide to require oral presentations, or do you do it on everything as SOP?" As mentioned previously, it can be used on pretty much anything regardless of whether part 15 applies or not.
  12. Yep. Protest grounds would be pretty straightforward: "If we had known that earliest submission was going to be a criteria, we would have submitted 2 days early." Otherwise eligible for award, prejudiced by the actual award criteria; it's all there. Very interesting decision napolik. GAO allowed sound, logical business judgement using facially objective criteria to break the tie. Who'da thunk it?!
  13. All CO delegations flow from the Head of the Contracting Activity, correct? Who is the HCA? If it's not an Executive Branch agency, the Director can pretty much do whatever they want regarding CO warrants. I was granted one by the Judicial Branch with no questions asked. Good thing I was a DAWIA Level III going in, eh? I assume because we are talking about the granting of warrants that you meant "certified federal contracts person"?
  14. Certified C&P data is a FAR-defined term, and is not synonymous with "price analysis". What you meant by "it's called price analysis" when I stated that competition "..obviates the need for cost analysis", I have no idea. I think you are conflating price analysis with a FAR requirement on the prime contractor to provide (literally) certified C&P data. Sounds like "you want the subcontract, give us visibility into your costs". Because the prime/sub agreement is commercial, they can do whatever they want. Exactly. Don't worry about FAR Part 32 or whatever. Find out what your prime wants, and if possible, give it to them. I think there might also be a terminology/semantics issue in play here. Only the Government can be provided with certified C&P data because the purpose of that is to provide an avenue for remedies like Price Reductions for Defective C&P Data, etc. Maybe that's what you need to educate the prime on. Ask them if FAR 52.215-12 is in their prime contract (it shouldn't be in the scenario you described) and go from there. Capitalism is a harsh mistress!
  15. Actually there is no requirement for a prime to 'determine' anything regarding their subs' pricing on a competitive procurement. They can pay their sub 110% of the prime contract price if they want. That's why competition is a good thing, and obviates the need for cost analysis at any level. Learn it. Live it. Love it.
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