• Content count

  • Joined

  • Last visited

Community Reputation

0 Neutral

About govt2310

  • Rank
    Silver Member

Contact Methods

  • ICQ

Profile Information

  • Gender
    Not Telling

Recent Profile Visitors

6,700 profile views
  1. GAO stated in footnote 6 of its decision on Kellogg Brown & Root Services, Inc., B-400614.3, Feb. 10, 2009, that since the agency (the Army) in that case indicated in the FAR 16.505 task order solicitation that it would follow FAR Part 15 for a particular part of the contract formation process, and the agency relied upon decisions interpreting FAR Part 15 in defending its protest, that GAO then looked to FAR Part 15 and the cases interpreting FAR Part 15 in analyzing the issues in KBR’s protest. The KBR protest concerned the protocol for clarifications. It didn’t concern pre-award notice of exclusion from the competitive range. Hmm.
  2. Answer: The base contract ordering procedures say nothing about competitive range, discussions, etc.
  3. Does an agency have a duty to notify an offeror that it is excluded from the competitive range if this is a FAR 16.505 task order competition? There appear to be no instructions in FAR 16.505 itself for notification requirements for exclusion from the competitive range. FAR 16.505(b)(6) addresses the CO's duties concerning post-award notifications and debriefings, and it even says that the agency must follow FAR Part 15 on this, but I don't see any requirements or guidance on pre-award notices and debriefings.
  4. Thanks everyone. I will look into these book recommendations.
  5. You are right, Vern. I guess I am just seeking support for my belief that the requirement for an IGCE doesn't make sense in connetion with a SOO. If the SOO consists of say, 2 pages of broadly-written bullet points, most phrased to require the offeror to "propose a solution for" various issues the agency is having, without knowing more, I don't see how a useful, credible IGCE could be created.
  6. How does one make an IGCE for a Statement of Objectives (SOO)? The way it works is, the offeror's proposal is the proposed PWS. So the government agency doesn't write the PWS and post it with the solicitation. If that is the case, how can the agency make an IGCE?
  7. If a solicitation states that the agency will perform a "cost/price realism analysis," and the contract type is a combination of T&M and FFP CLINs, does that mean the agency has a duty to figure out the FAR 15.404-1 "probable cost" of each offeror's proposal? For the FFP portion, I believe a price realism analysis is limited to the purpose of assessing whether the offeror has a clear understanding of the work involved, so the offeror's total price cannot be adjusted. But for the T&M portion, it seems similar to cost-reimbursement, so that makes me believe the agency does have a duty to figure out the "probable cost" when doing the cost realism analysis. Does anyone have experience with this?
  8. Thanks Don Mansfield and Vern Edwards! And here is a recent, interesting GAO decision: Arcadis U.S., Inc., B-412828, Jun. 16, 2016, where GAO held that it is unreasonable for an agency to consider Cost in the Technical Evaluation for a Fixed-Price Competition.
  9. Can an agency consider price when evaluating for Technical Approach? I remember seeing a GAO decision once where the GAO stated that an agency must consider the offeror's Technical Approach when evaluating cost/price (this was a cost-reimbursement contract in the GAO decision). But does it go the other way? Does an agency have to consider Cost/Price when evaluating Technical Approach?
  10. FAR 45.201(c) states, "The solicitation shall describe the evaluation procedures to be followed, including rnetal charges or equivalents and other costs or savings to be evaluated" and shall require all offerors to submit information with their offers listing all "Government property" that the offeror or its subcontractors propose ot use on "rent-free basis." FAR 45.202(a) requires the Contracting Officer to "consider any potentially unfair competitive advantage that may result from an offeror or contractor possessing Government property" and "This shall be done by adjusting the offers by applying, for evaluation purposes only, a rental equivalent evaluation factor, as specified in FAR 52.245-9." QUESTION: Does anybody have an example of how this "rental equivalent evaluation factor" is evaluated for, where the solicitation involves a requirement for contractor services, where it is possible for the offeror or contractor's employees to be offered to work in the federal agency building - so using government-furnished cubicles, work stations, phones, paper, furniture, electricity, etc. - and where the solicitation also allows for offerors to submit proposals that propose their employees working offsite? How would an agency evaluate these proposals so it could compare apples-to-apples?
  11. To Todd Davis: Putting aside the original question asked by jonmjohnson, my question is, from the federal agency's perspective, if there is no authorizing statute giving the federal agency the power to do a grant or cooperative agreement or other transaction for the purpose in question, and so the federal agency's only option left is to do it as a procurement, if a state government agency bids on the solicitation, should the federal agency even consider that state government agency "eligible" for award? Basically, I'm asking if there are any laws or regulations that forbid a state government entity from being an offeror and/or awardee on a federal government contract.
  12. Question: what if the requirement is below the SAT ($150,000) and also below $25,000, but just over the micro-purchase threshold ($3,500)? Say the amount of the requirement is $4,000. FAR 13.106-1(b)(1)(i) allows the Contracting Officer to solicit from one source if the CO determines that the circumstances of the contract action deem only one source reasonably available. Boof wrote that the formal FAR Part 6 Justification requirements only apply if the acquisition is higher than the SAT of $150,000. Boof, where does it say that? I would like to read this United States Code citation or whatever citation it is. Thanks!
  13. If an agency still chooses to focus on Key Personnel Titles/Duties instead of Functions, and if an agency chooses to utilize the Statement of Objectives (SOO) method instead of a SOW, how can that agency evaluate Key Personnel under the Key Personnel Evaluation Factor? In a SOO, the agency does not designate the KP roles/titles/duties, rather, the offeror is supposed to determine the composition of its Key Personnel.
  14. Can an agency contract out the COR/COTR job? Or is that considered inherently governmental?
  15. The original award was never terminated. The CO simply "froze" the contract by doing the CICA stay of performance. It was frozen for 15 months, then "unfrozen" when it turned out that the original awardee was the awardee again after corrective action.