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Everything posted by ContractingPeoplesHatred

  1. ContractingPeoplesHatred

    Simplified Commercial Item Clause 52-212-4

    Hello, I am wondering the applicability of FAR Clause 52.212-4 to RFQs and resulting contracts under FAR Part 13 procedures. The prescription at FAR 12.301(b)(1) states "This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items..." Offer as defined by FAR Part 2 "means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids”; responses to requests for proposals (negotiation) are offers called “proposals”; however, responses to requests for quotations (simplified acquisition) are “quotations,” not offers." Would this not mean that any commercial item acquisition under FAR Part 13 procedures should not include FAR 52.212-4?
  2. ContractingPeoplesHatred

    Material Cost Adjustment

    I am planning on soliciting for a supply that the major cost components are materials like steel, aluminum, etc. These are planned to be effected greatly by tariffs so potential quoters are worried about locking in on a FFP unit price. All of the economic price adjustment clauses have a limit of 10%. How would you suggest handling the potential increase in material costs over a 5 year period?
  3. ContractingPeoplesHatred

    GSA - Under SAT - LPTA

    Hello, A RFQ was posted under GSA e-buy for less than SAT but more then micro. Evaluation criteria was LPTA and specifically stated that "Basis of award will be lowest price". Four quotes came back at the same price and were all found technically acceptable. What would be your next step?
  4. ContractingPeoplesHatred

    GSA - Under SAT - LPTA

    Ji20874, Thank you for the response. The case you cited relied upon using FAR Part 14 procedures. As this acquisition is using FAR Part 8 which explicitly states that FAR Part 14 do not apply I don't see how that case resolves my issue. I am going to ask for revised pricing but It is not looking good.
  5. ContractingPeoplesHatred

    FAR 52.212-5

    Hello, I was hoping someone could help with a clause conundrum I am having. I am soliciting for a commercial service using FAR Part 12 procedures over $2,500. One of the check boxes in FAR 52.212-5 is FAR 52.222-42 (Statement of Equivalent Rates for Federal Hires). Under the section where FAR 52.222-42 is contained under FAR 52.212-5 it states "(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:" FAR 52.222-42 main content is a table that shows the employee class and monetary wage of federal employees. -5 makes it seem like it should just be referenced. Should the table be filled out and included? Or is an X in -5 sufficient?
  6. ContractingPeoplesHatred

    FAR 52.212-5

    Thank you for the references Mr. Hutz. FAR 52.102(a) seems to answer the mail on this one. Don't see the point in putting an X without filling it in but seems like that is the intent. Have a great day! (a) Provisions and clauses should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text, even if they -- (1) Are used with one or more alternates or on an optional basis; (2) Are prescribed on a “substantially as follows’’ or “substantially the same as’’ basis, provided they are used verbatim; (3) Require modification or the insertion by the Government of fill-in material (see 52.104); or (4) Require completion by the offeror or prospective contractor. This instruction also applies to provisions completed as annual representations and certifications.
  7. Hello, Here is my situation that I was hoping wifcon could help me with. I have a multiple award IDIQ that was solicited as a total small business set aside. Award was made to three small businesses to make up the multiple award “pool”. One of the vendors was bought out by a large business making them now other than small. I have seen similar wifcon discussions but none seem to answer my issue. Can the now large business still compete on IDIQ requirements? FAR 16.505(b) states fair opportunity must be given, FAR 19.301-2 states that it does not change the terms and conditions of the contract, but does not FAR 19.502-2(b)(1) apply that I have two other small business vendors must I not set aside? Thank you! Similar Discussions:
  8. ContractingPeoplesHatred

    Are Payment Logs Required?

    Hello, My office peers use an excel spreadsheet that they use to track invoicing. Every time they approve an invoice in the system they log it on this spreadsheet and put it in the file. When I asked why we do this spreadsheet I did not receive an answer other than "this is just how we have always done it". Is their a FAR or DFARS requirement that invoicing must be tracked in this manner? I could not find anything and was wondering what your offices do. Thank you!
  9. Hello, I am having trouble justifying a response with a cited intelligible answer to the following situation: What limits a small business from subcontracting out a majority of the work to a large business for an acquisition under $150K? If I received a quote that outlines that the large business will do 99% of the work do I have anything to cite to throw them out? Procurement information: Under FAR Part 13 Dollar value is estimated below $150k Total set aside for small business FAR 52.219-14 was not included in the solicitation as the acquisition is estimated below $150k. FAR 52.219-6 was checked in the solicitation.
  10. ContractingPeoplesHatred

    Part 8 BPA Order Options?

    Hello, I am having a disagreement with people in my office regarding BPA orders off of a BPA off of a GSA contract. So we established a BPA off of a GSA contract (Using Part 8). The orders placed against that BPA are sometimes for services for a 3 year period. Like a report that takes 3 years to compile. In accordance with FAR Part 17 do you have to have options on a BPA order? Or have approval for a multi-year contract? Thank you!
  11. ContractingPeoplesHatred

    Part 8 BPA Order Options?

    Thank you Mr. Edwards. I hope you have a great Holiday. Thank you for your continued input into this forum and I will bring up the cited reading to my colleagues. All the best, CPH
  12. ContractingPeoplesHatred

    Part 8 BPA Order Options?

    Okay. So because the money is no year money I can do it, but if I had 1 year money I could not and it would be considered a multi-year contract?
  13. ContractingPeoplesHatred

    Part 8 BPA Order Options?

    Why would this not have to follow FAR Subpart 17.1 Multi-Year Contracting?
  14. ContractingPeoplesHatred

    Part 8 BPA Order Options?

    Mr. Edwards. The legend himself. This is using multiple year money and the service is nonseverable. With those attributes does that mean you don't have to do options or get multiyear approval?
  15. Hello, I am having trouble grasping this concept and was hoping for someone to give me an answer or at least a nudge in the right direction. At my organization that I just started at there are a lot of contracts that say "this order is issued on a firm fixed price basis" but the contracts are set up that they have a fixed unit price that the contractor submits based on the actual quantity incurred. Be it 130 hours for the month at $X.XX per hour or maintenance and repairs that we provided an estimated quantity but they invoice based on actual maintenance and repairs. The CLINs have a total amount on them but it is not stated it is a ceiling. These contracts just don't seem like Firm Fixed Price Contracts to me as they have variability in the total price. I think of a Firm Fixed Price Contract as an agreed to, at award, total amount that the contractor gets if they perform the work. If they only incur 10 hours they get loads of profit or if they incur 10,000,000 hours they lose money. What do you believe is the best practice when you have an unknown quantity but have a fixed unit price and you do not want to do an IDIQ? Can you explain where the line is drawn between FFP, T&M/LH, and a Firm Fixed Unit Price? From my limited explanation do you think these contracts should be issued as T&M/LH? Over a non-FAR contract type? If you have a variable quantity but a Fixed Unit Price is it considered a Firm Fixed Price Contract? If a contractor submitted an REA at the end of the contract saying that we owe them the full amount because we said "this order is issued on a firm fixed price basis" do you think they would win?
  16. ContractingPeoplesHatred

    Firm Fixed Price versus Firm Fixed Unit Price - For Services Contracts

    Mr. Mansfield, I did read that string of postings. I was still unclear. Mainly where is the line drawn between FFUP and T&M/LH and is a FFUP a FFP contract? -Thank you