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About uraniumgal

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    Copper Member
  1. Is inaction an action?

    Yes, I know and I really do appreciate all your thoughts and discussion. I'm just trying to figure out what went on and what I could have done to be a better small-business contract holder. I don't expect to bid on another Federal contract ever, as I am approaching retirement, but I have a set of younger friends who are business owners themselves and they have followed my travails closely so that they might learn as well. So, thank you all for your thoughts and responses.
  2. Is inaction an action?

    For goodness sake already, at t = 90 days both CORs on our two task orders indicated that the agency would be exercising the option. At t = 60 days, no letter came; I of course called the CS almost immediately and that's when I found out the agency was not going to elect the option year. Since they'd elected the first option, I know what to do... WRT "a priori," sorry if my Latin wasn't correct--what I meant was someone making the decision that the option would be exercised and, hence, FAR 17.207 had to be gone through. Asking that question is how I found out that the Contract's COR didn't know she was responsible for starting the process, so no one made a decision, the Contract simply expired.
  3. Is inaction an action?

    Thanks Joel (I'll look at the case you mention) and Pepe for your contemplative answers. Pepe, no, I DO know that my foreclosure has no role in these proceedings!!! My point was that we worked on two task orders for three years and then all that work was trashed and a new consultant repeated the whole project 3 months later. I was just remarking on the project-continuity issue. Also, believe me--I know that the list in 17.207 needs to be addressed only when an a priori decision to exercise the option has been made. It's just that NO ONE made that a priori decision, or at least no one who wants to admit it! This was my very first Federal contract and I did learn a harsh lesson: Never to bid on Federal contracts again. Small businesses just cannot manage the weight of all the regulation. Our $6 million contract was not worth the havoc played out in my professional life as well as my personal life!!!
  4. Is inaction an action?

    Joel: Thanks for your thoughts. But I'm not sure about ... Where did I suggest the agency frequently exercised options late? And where do I wonder "why not now"? The first isn't true to my knowledge and the second, I know I don't wonder why!? Regarding your first paragraph, what I was told was that the task orders could be extended so long they were issued, with options, in the base period + any exercised option periods. However, they can only be extended six months where we were required to perform whatever the scope of work and produce corresponding deliverables (unilaterally). And, I was also told, that they (the task orders) could be extended "quite a lot," but with such an extension (after the six months), we were not compelled to continue work, but we could agree if we wanted the work (it becomes a bilateral agreement). Thank you.
  5. Is inaction an action?

    Whoa! Yes, as I said above, I do understand that options are optional. I get that (see above, "...completely, fully, and robustly"). And, yes, I also know of the requirements for option timeliness as well as Contract compliance, what does that have to do with what I wrote about? I don't understand? And, what is it that you think I'm advocating, because in my mind I haven't advocated anything? Believe me, after being out of work for a year, I certainly know a retroactive option-exercising is not going to happen. I do appreciate your time.
  6. Is inaction an action?

    Okay--thanks for all the thoughts. Very gracious. A couple of things: The Contract's COR is responsible for starting the ball rolling (according to another CO--CO "A") for the election an option period by making a recommendation yea or nay. The Contract was exercised the first option year primarily because a thorough and contemplative CO (CO "B") emailed the COR certain forms that you can get on the Internet (i.e., e.g. is it a good deal for the government? etc.) to guide her an analysis and fulfill her responsibility to make a recommendation one way or the other to the contracts department. (Also, as stated in the agency's COR Guidebook). However, although she has been "trained" through several classes as a COR, she did not know that it was actually, at this particular agency, her responsibility to first recommend yea or nay for the second option year in the contract. She admitted later that, if she had known it was her responsibility (to conduct an analysis [as in FAR 17.207] and recommend a yea or nay on the second option year to CO "A"), the COR WOULD HAVE RECOMMENDED the exercise of the option. She was just waiting on the forms from the contracts department and, because the thorough CO "B" had left the agency, no one sent her the forms. So she waited and didn't contact the CO "A" nor the Contract Specialist--CS "C." Similarly, neither CO "A" nor CS "C" contacted her (the COR) to determine her recommendation despite the fact that both knew the Contract was going to expire without the option. (I completely, fully, and robustly know that contract options are at the sole discretion of the agency, unless there is bad faith, arbitrariness, and/or capriciousness.) I am trying to figure out if this story supports a call of "arbitrary": if you look at the definitions Vern listed, then it does seem to be arbitrary (i.e., "a determination made without consideration of or regard for facts, circumstances, fixed rules, or procedures") that the Contract ended without exercise of the second option year. (This agency does NOT, btw, follow its own policies, the FAR, and/or the CFR in many ways. There is no Contract file, no COR file [e.g., FAR 4.801]. [I'm not sure if the files listed are for the benefit of the contractor, but with NO files, it is difficult to see how the the requirement for "additional documents on which action was taken or that reflect actions by the contracting office pertinent to the contract" is satisfied.] There had been NO contractor evaluations [except one for the first base year], until six months after the Contract expired when two evaluations suddenly showed up in my Inbox; no other types of determination were made/documented--this agency is not managed well in my humble opinion.) (All three evaluations performed were "Very Good"s mixed with "Excellent"s.) Another thing, to answer your questions above, the agency ultimately let the two outstanding task orders expire with no action (even though there were options in the task orders) and then three months later hired a new consultant for each and, in one case, all of the work we accomplished was re-done by the new contractor. No consideration of FAR 17.207(e)(1) and (2). (e)(1) suggests that continuity in work can be considered when electing an option as well as the impacts to a small business, which I am. Talk to my mortgage company about the impacts--I am losing my house due to all of this going on. BTW: I meant either way--that the analysis required in FAR 17.207 should be accomplished for an option's election, but maybe a "Memo to File" for when the option is not elected. Or at least SOMEONE should be able to stand up and say "I decided this one"--no one has done that thus far. Finally, to Matthew F. above: There isn't such a thing, except for the fact that the prices for the two options are codified in the Contract itself, so as I understand it, that occurs "when it has been determined prior to soliciting offers that the Government is likely to exercise the options" (FAR 17.206). Thanks for all you help and thoughtfulness.
  7. Is inaction an action?

    And, oh, yes, Napolik, clause 52.216-22(d) IS in the contract... This contract is NOT a FSS contract, BTW.
  8. Is inaction an action?

    Okay, okay, Vern: In English, my question was: Is there no requirement of good faith or that an action is not arbitrary and capricious after the contract expires naturally, with no option period elected? Is that more clear? I've been reading about the Verilease decision so I know that this forum generally agrees that once an agency pays out the minimum amount specified in the contract, there are not more obligations, such as an obligation of good faith or an obligation to not be arbitrary and capricious. (Though it does seem to me that not acting on an option period is an action unto itself and it specifically is arbitrary and capricious.) Does this no more obligations follow the task orders too? Is that more clear, although I slipped another question in there!
  9. Is inaction an action?

    So there is no good-faith/non-arbitrariness/non-capricious behavior required for two task orders open at the option time and that end later (>six months)?
  10. Is inaction an action?

    If a Federal agency does not act on an option period (one year) on a labor-hour ID/IQ task-order contract because the person responsible for initiating the exercise of the option year didn't, because she did not know she was responsible and, thus, she failed to act--did she act? Can an agency not exercise an option simply because no one thought to do so? As a follow-on, does anybody know of any bases for NOT running through the considerations of FAR 17.207 in exercising (or not) an option period, even if the CO knows she will not be exercising it? Doesn't the obligation to go through the checklist in 17.207 seem to indicate it should be gone through for each option to be exercised, even if the conclusion is to not exercise the option?