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Everything posted by PD216ohio

  1. Sorry, it was a construction service contract to dismantle structures.
  2. Thank you for that insight/advice. Do I have a claim for the entire contract value simply because the government breached? I also have a pending claim for 21k for the week I spent on site, and which was consumed with the stop work order. I would have considered that wasted time to be billed in addition to the contract value since I was there on a date specified by the government and then accomplished nothing but was on standby at the orders of the government. Honestly, I was just going to bill them for that lost week and some time for prep work, office hours, etc. So maybe 30k tot
  3. 52.233-3 NS 52.233-4 are cited, but not 52.233-1. Further, that clause seems to relate more so to claims arising during the course of a project (unforeseen work, etc), although I guess this technically qualifies as such. But I am more concerned with how this "ends" since the POP is long expired and the government remains unresponsive. None of the project was physically completed. I did find this decision, which seems relevant to some extent: Relyant, LLC, ASBCA No. 59809 (2018) Wherein the government's delay constituted a breach of contract.
  4. I was awarded a relatively small contract, under 35k. It had an unusually long POP of 1 year. I went through all of the trouble to get security clearances for employees, traveled to the site (out of state) to begin work on a date the CO selected as most advantageous to him (although not the best for us but I like to be helpful and cooperative). We were immediately notified that a stop work order was in place for an accident elsewhere at the facility. We were advised to stick around in hopes the order would be lifted soon. Our arrival date on site was a Monday, the stop work order was lif
  5. No idea since the solicitation was cancelled after bids were received. I did find out that they rewrote the specs and awarded to a sole source.... and again, let me reiterate, that the new approach followed my analysis and detailed proposal.
  6. Joel, Thank you (and everyone) for your responses. You seem to understand the situation exactly. Others seem to think that I am disgruntled about not being awarded, which is not the case. I am disgruntled that the government appears to have completely changed the project after realizing I gave them a far better solution. I feel that they used my work product (bid/offer/proposal) to recreate a solicitation that used a completely new route, based upon my submittal to them. I am upset that I would put forth such effort, hoping to have offered a best solution... only to have the solu
  7. I have a situation where I bid a project asking for the replacement of a certain real fixture on government property. The soliciting office indicated that they would accept alternate solutions. I analyzed the fixture and presented a comprehensive plan to repair the operational fixture. The solicitation was cancelled after the bids were submitted. I was not notified that there was a rebid but did notice the item had been REPAIRED (not replaced) when I was in the area today. It was repaired in a manner that was very consistent with my analysis and proposal. Am I potentially due any
  8. Thank you everyone. It sounds like I have no recourse and I suppose I will just be submitting my offer again. I will inquire with the NPS about if they released my numbers to anyone. Also, the original bidder also is privy to what was a winning bid and could give someone that info. I'm rather dismayed at the course of action here. There was a prebid today for the re-solicitation and at least 10 guys showed up, representing maybe 6 companies. Winter here so I am sure more companies are looking for projects, therefor the greater turnout than last time.
  9. I kind of addressed this before but I think I framed the entire situation incorrectly. The NPS awarded a contract to a competitor. I was second best offer on the RFP. There was no requirement for a bid bond BUT there was a requirement to produce a performance/payment bond within 10 days of award. Project never gets completed, because awardee could not produce a performance bond, and the project is now up for re-solicitation instead of passing award to me. If it matters, the only two bidders were the other company and myself. Both our bids were under the government estimated
  10. These seem to largely address the cancellation of a solicitation prior to award, but after bids/offers. In my case, an award was made and the awardee was unable to perform. What should happen next if we were second in line with an accepted offer? On Edit: Also, the general statement in each of these is that the government must have a reasonable basis (deficiency of solicitation) for re-issuance of a solicitation, when in my situation there would be no reasonable basis since the RFP was actually awarded to an offeror that was unable to perform. Therefor the solicitation is deemed go
  11. I bid a few months ago on a project that I really wanted. It appears that there were two acceptable bidders (myself and the other bidder). The other bidder was the low bidder but was never able to provide the necessary bonding, etc, to perform the project. The soliciting agency is considering reissuing the solicitation instead of moving to the only other bidder (me). Do I have any substantial or reasonable grounds upon which to contest the reissue and request or demand that award be given to the other bidder (me)? This was an RFP, Firm Fixed Price Contract estimated range 100-250k. The
  12. I think I have a valid claim... but getting the CO to agree to that fact and authorize additional monies is an entirely different thing. I did contact an experienced firm and they feel this is pretty cut and dry in my favor. I suppose I have time to compose a well written and researched letter and request for equitable adjustment that might help me get to my goal here. Thank you for your help along the way.
  13. It was an interim amount and was tied to the NTP and crane plan approval. It states simply that it was for "mobilization of a crane to site".
  14. On a related topic, are any of the participants of this thread an attorney who specializes in these matters?
  15. The gov approved a change order for an amount that was roughly half of what we requested, based upon the estimate for crane and time. However, the project is now complete and the crane time was slightly greater than anticipated and the amount of my company time (on site and administrative) has not been compensated at all.
  16. I found out that the weight was likely inaccurate about 2 weeks after the project began. We were literally working on the project when the error was discovered.
  17. Hi Everyone, Apologies for the delayed response but, as you might imagine, I was immersed in the matter at hand and in a remote location. Yes, this was a fixed price dismantling project of a floating station on an inland lake. It was under the simplified acquisition threshold. The work was described by stating 100% removal was required. There was also a Q&A period in which weights of various items were asked, including the item of concern in my predicament. Plans (which do not seem entirely complete and excluded any fine details of the subject section of equipment) wer
  18. I appreciate all of the advice and pointers in the right directions. I will research the clauses and see what I can do with any of it if needed. I know it is never as simple as this... but in essence this is the same (to me) as if the government asked for bids to remove a pile of dirt and in the Q&A it was asked "how much dort is there in that pile"..... the government replies "there are 15 tons of dirt in that pile" and their turns out to be 81 tons of dirt, I can't imagine any circumstance where there would be no added value consideration.
  19. The basic issue is that the government identified a certain component as weighing X and it actually weighs Z (about 6 times the stated weight. This requires us to bring in a large crane at an added cost of about 30 k. They incorrectly identified this weight via a specific question about that in the pre-bid Q&A.The other issue is that it is causing an extra week of work between the work involved in discovering the mistake, working to get the right equipment lined up... and then the work to process the much larger piece. We could have originally disposed of it by setting it on one truck
  20. I will go through those clauses and the contract. As you might imagine, this issue and the project itself has consumed all of my time so far. I reported this to the government as soon as I could verify it was accurate. Within 2 days of finding out. The weight of the unit in question was provided in a pre-bid Q&A, in response to a question specifically about its weight. There was no site visit available nor could you inspect this unit up close, if you chose to do so independently, since it is within a restricted area.
  21. Hi guys and gals, I am on a project that I won for 85k. A dismantling project in which the government stated the weights of various elements. Problem is that the farthest item was stated as weighing 15k lbs but we discovered during the course of work, that it actually weighs a whopping 81k lbs!! It was only by a stroke of luck that we came into contact with a subcontractor that was involved in the original build and found this info out, during the course of the project. Not only has this error led to a significant delay but also in greatly increased cost as any options to remove t
  22. As a contractor, I can confirm that there are a LOT of "dirtbags" in the construction business. A lot of inexperienced, wham-bam-thank-you-ma'am types. The tough part is being good and charging appropriately when competing with these types. I service a couple national chains locally and the president of one told me once that I had two reputations with them. I was expensive and I was good. My approach to government work has really been that I bid the price I am comfortable with. If I get the job, great... it is worth my time. I'll travel anywhere for the right price.
  23. I'm not sure what you mean by timely in this regard. I am only seeking award status (which hasn't been noticed anywhere else either). If you mean timely as in 10 days to file a protest, that time should begin after an award declaration is or should have been known. Some awards take a week to decide... others take over a month.... some take longer. I have one project that is past 30 days but the CO is responsive to my follow ups. I have contacted him once at the two-week mark and then again right after the four week mark. He has responded both times and advised that his office has just be
  24. Email or even texts are fine. I handle all of the service work for a couple national chains in my region. Almost all communication is by text. After about 15 years of being their main guy things are very simplified with regard to communication. I don't even write contracts anymore. I send them a quote, they email me back to go ahead, I do the work and send them an invoice and I get paid. It's a nice simple system. In my case, I personally perform on all of my projects. It's one of the things that has kept me working through all of these years because my clients know they
  25. Thank you, I appreciate that. It is just frustrating. If I am awarded, I have to be ready to move forward and complete a project in a timely manner... but I am at the mercy of when an award is made and if it is made. Another consideration is when I know I have sharpened my pencil and have good numbers and then I am worried about placing other bids which might result in an overlapping project. I am a small company and one at a time is our typical capacity.
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