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Everything posted by lotus

  1. It is a definitized contract. It was competed procurement. The mapping was clearly shown in proposal.
  2. Thanks for the opinions, guys. Reading through this my reactions are 1. Who would ever bid on SCA work. since it appears the Govt can retroactively demand that higher wages be paid without a price adjustment. 2. I can see why some companies run, not walk, away from SCA work. 3. The contractor is in a no win situation.
  3. In these scenarios, is contractor hosed or can he get increased T&M rates? Scenario 1. Contract is awarded, with 200 SCA positions. In the proposal the then offeror, now contractor, clearly mapped all the SCA positions to General Clerk I in the applicable age determination, and built his rates on that rate as a base. Let's say that rate is $16.00 per hour. Contractor offers the General Clerk I job and pay to incumbent employees. Most take it, a few don't. No requests for SCA wage conformance are made. Questions about the proper wage arise. Eventually the decision is made b
  4. What happens to the KO's career if puts his foot down, saying "you guys dawdled around too long, and I'm happy to watch you suffer the consequences"?
  5. Can an agency let a contract run to near its expiration, then use that it is near its expiration as justification of "unusual and compelling urgency" to award a bridge contract to the incumbent?
  6. Stop and consider, does it matter to you if a person does this? If somebody has 8 eyed 16 armed robot and can turn out the results, is that okay with you? Do you really need a QCP/Contract manager's resume/.../technical approach? Remember, Input -> Process -> Output. Specify the output that you want and the input that you will give to the contractor. He will figure out a process, and you pay him for the output.
  7. Because reasonableness depends on whether you are writing the check or receiving the check.
  8. What are the payment rules that apply to 52.237-3? (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and ...
  9. How will you measure technical excellence. I believe you need a standard (between 12 and 14 inches) and a measure (inches), and a way to implement that measure (with a ruler). For courier services you might can create a standard (likely time based). Be careful that it is appropriate though, and think of how it can be gamed. And think of how you will measure results against the standard.
  10. While you are leading the LPTA conclusion, even LPTA criteria are typically subjective. A points scale would help, if the assignment of points were objective (for example, finish in 1 week, 5 points; finish in 4 days, 6 points.)
  11. It does not do so. It says things like 12 point font, no more than 20 pages, 1 inch margins, submit by and to whom, but does not do as you suggest.
  12. Let's try this one for starters. It is from an RFP on the street now. "Technical Approach - The evaluation will assess the Offeror’s technical approach and assumptions to evaluate the offeror’s understanding of the work. Proposals that unreasonably assume away contractor performance risk will be rated less favorably than those that do not and may be rated unacceptable." The relevant definition of approach is "a way of dealing with something." So, they are going to evaluate a way of dealing with something. But they don't say what they are looking for in that wa
  13. The evaluation criteria that I typically see are very vague and / or subjective. They are so vague or subjective that any offer can be chosen, so likely the pre-determined awardee is chosen. Since I'm not the pre-determined awardee, I'd like to break that. Are there any published rules on how clear, specific, and objective evaluation criteria need be? I'm itching to protest those that I think that I will win and try to turn the criteria to my advantage. Along those lines, contracting officers and others do harbor grudges. Is there any precedent to have procurement taken away fro
  14. It is my understanding that GSA schedule contracts and orders at to be used to buy commercial items on commercial terms. Is that correct? If so, how is it that orders are allowed to contain non-commercial terms? I have government unique security requirements in mind, but anything unique to the government would seem to apply.
  15. Nope, the only opinion that counts is the opinion of he who enforces or chooses to not enforce the final decision.
  16. [2] Most of the time companies simply escalate their prices from year to year by some percentage that they expect will match their cost increases. This is usually 1% to 3% year. [3] Usually they look to the sum all years, including all option years. Usually they do not count the FAR 52.217-8 Option to Extend Services, but I have seen that counted, too. They do not use a present value calculation, but do sometimes look for what they consider unbalanced pricing (" the price of one or more contract line items is significantly overstated or understated, as indicated by the application of c
  17. Thanks. I just read the first case summary. I find the the administrative judge's decision to be irrational. What difference would it make if the PM got his knowledge, skills, and abilities in 5 years instead of ten, or gained in critical thinking skills via a path which included a degree or via another path? And, although the judge didn't spell out in his opinion exactly what the end product was to be (something to do with clean water or systems for making water clean), does it really matter if the PM has any qualifications, so long as the end product meets the Govt's needs (or is
  18. I choose a supplier service provider based on two criteria. Can they (i.e. the company) do the work and price. For example, when I did a bathrooms remodel I visited area showrooms and offices to see what they offered. Ability to perform was not so much an issue as understood. All were established in the local market. Ultimately I picked the major items and negotiated a price and timeline. I was indifferent as to whether their employees were felons, or Martians, or whatever, or how many or how few of them there were. Unlike an RFP on my plate now. The Govt said they w
  19. I've often wondered why the Govt is so cliquish when it procures services. It's requirements are of the nature of who you are rather than what you do. To stretch the point, does it matter if your service provider is Joe Felon, with lengthy list of felonies, or Joe Upstanding Citizen, who has no such record? If Joe Felon is better at what is to be done, then he should be chosen. The Govt buyers use security clearances, and past performance within the agency and within the Government, as screening criteria to choose the persons they want to buy from. I once sat through a debrief
  20. It seems that this turns on the question, did you (the Government) receive what you contracted for? From what I can see in your write-up, the answer is yes.
  21. Thanks, Retreadfed. (Who would have thought there would even be such a regulation?)
  22. Perhaps there should be a default acceptance time. If the audit is not completed by X days after submission, the ICS is deemed accepted as submitted.
  23. I'm looking at a RFP. The Gov't wants to buy labor on an IDIQ basis anywhere in the US. One CLIN equals one labor category. The Gov't is seeking a single hourly rate per CLIN. A few wage determinations have been included in the RFP, but nowhere near all of them for the entire country. To help focus, let's say Manhattan is not covered by any of the wage determinations in the RFP. After award of the IDIQ, how would the SCA rules apply if the Gov't wants to buy labor in Manhattan?
  24. To answer questions: It is a small company without a CAS disclosure statement. (Although the owner dreams of becoming a big company. Other than travel and ODCs on predominately FFP contracts and minimal Materials on T&M contracts there is no cost type work. Whether the commission costs would be proposed as direct costs or included as direct costs in a cost estimation used to help determine a FFP price or T&M labor rates, I can only presume yes. The benefits are 1. The G&A rate is reduced. (The BD people & owner are saying the G&A
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