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Vern Edwards

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Everything posted by Vern Edwards

  1. The only issue is exceeding the IDIQ maximum. The OP did not ask about the exception to FULL and open competition.
  2. @ji20874@joel hoffman See Pegasus Global Strategic Solutions, LLC, B-400422.3, March 24, 2009, and tell us what you think. Emphasis added. There is more. I urge you to read the entire decision.
  3. By ordinary definition, the amount paid to the prime contractor is revenue of the prime.
  4. Have you read "Anatomy of a Renaissance" in NCMA's Contract Management magazine, by Cameron C. Holt? If so, what is your reaction?
  5. True. But why should it an extension of the construction management task order be an unusual and compelling urgency? Was it sudden and surprising news to the construction manager that the construction would take longer than expected? Remember, justifications for other than full and open competition can be and are protested. Just sayin'.
  6. See that decision: Emphasis added. The maximum quantity or value of an IDIQ contract is one of its scope-defining terms.
  7. i do not know that answer to that question. In any case, an answer probably requires more background information from you than you have provided. Again, I suggest you seek professional advice.
  8. Under a government contract, the government may be entitled to specified rights in "data," including rights in subcontractor data. This is a very complicated matter, and no one with any sense will try to answer your question in this forum. The fact that you even asked the question the way that you did indicates that you do not understand this difficult topic. If this is an important matter to your company, then you need professional advice. You must consult an attorney who specializes in intellectual property rights under government contracts. I urge you not to get involved here with people who want to help you. Ignore them. Seek professional advice.
  9. Under a government contract, the government may be entitled to specified rights in "data," including rights in subcontractor data. This is a very complicated matter, and no one with any sense will try to answer your question in this forum. The fact that you even asked the question the way that you did indicates that you do not understand this difficult topic. If this is an important matter to your company, then you need professional advice. You must consult an attorney who specializes in intellectual property rights under government contracts. I urge you not to get involved here with people who want to help you. Ignore them. Seek professional advice.
  10. That's a bad sentence. The part about profit being a percentage of cost could cause confusion. And "overhead" is an allowable cost. It is not recovered in the fee. The sentence that says the contract allows recovery of costs "even if the project goes over budget" could also cause confusion as could the statement about "excessive profits."
  11. So you issued an order for A-E Title III (construction management) services under a multiple-award IDIQ contract. Now you want to extend the order because the construction contract is behind schedule. However, extending the order will increase its value, and an increase in its value would exceed the maximum value of the IDIQ contract. So you want to know if it is permissible to increase the value of the order. Is that right? I suspect that since an increase in the value of the order would exceed the maximum value of the IDIQ contract, you would have to prepare a justification for other than full and open competition pursuant to FAR 6.302-1. That's what I suspect. But IDIQ contract practice is all over the map these days and the rules are confusing, so who knows? If I were in your shoes I would prepare a FAR 6.302-1 justification, which should not be difficult under the circumstances. But check with your contracting staff to see what they say.
  12. If there is adequate price competition for a task order, then the order will be exempt from the requirement to submit certified cost or pricing data. That will depend on the terms of the task order contract.
  13. @formerfedYou’re probably right about that.
  14. As for testing, according to OPM https://www.opm.gov/policy-data-oversight/hiring-information/competitive-hiring/ Emphasis added. I see nothing about what kind of test. See 5 CFR Part 337.
  15. Should we return to a civil service type exam when hiring? A reading test and a writing test? A reasoning test?
  16. Do you think a degree would enhance the image of a CO working with scientists, engineers, physicians, lawyers, et cetera?
  17. Headline in the Nov 28 edition of The Wall Street Journal, page A3: Excerpt: Longer version available online. Does all 1102 work require a degree? Which ones do and which ones don't?
  18. @C CulhamWell, I don't know why you think an estimated quantity is analogous to a ceiling, i.e., a limit or "cap," but I'm not asking you to explain. I don't care why. And I won't tell you to feel free to think what you like, because you already do that. 😇 Happy Thanksgiving weekend! 🦃
  19. Here's a thought: The most interesting thing I found in in SBA's 37-page document was this comment, which appears on page 69133 of the Federal Register announcement, at the bottom of the second column, in the first paragraph immediately under the heading, "SBA Response": Administrative agencies are often more than just administrators. They are often policy advocates and, as such, they like to enlarge their constituencies. That's one reason why some socio-economic programs never go away. Job security. The more "small businesses" getting Government benefits the better. I love the underlying logic of benefit No. 3. P.S. How many of you know that during the 1960s-70s SBA considered American Motors Corporation, maker of the Jeep, to be a small business? AMC had a lock on vehicle sales to the government for several years due to its size status. AMC was purchased by Chrysler (Lee Iacocca) in 1987. Lee wanted the Jeep brand.
  20. That's the opening post. The talk about BPAs is a distraction and I see no point in pursuing that matter with Carl. I don't know what the OP meant by "agency-wide mandatory-use strategic sourcing contracts." If the OP was referring to a MATOC of some kind, then I must assume the contract is an IDIQ, which means that it must include a maximum quantity. The question whether it would "ever" be permissible to to award a five to ten-year contract with no ceiling is too broad to merit a response. The word "ceiling" could refer to any of a number of things. Except for "cancellation ceiling," the word "ceiling" is not defined anywhere in the FAR system. It's jargon. One day someone is going to write a useful article about the importance of asking good questions and how to do it.
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