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Everything posted by Boof

  1. IDIQ Decision

    As my office assigns the 50 reqs that we just received this morning, I must chuckle. We have accepted over 500 orders since our cut off of Sept 15th. How can you stop the requests when the funds are not released until September. We just got Congressional Notice on about a billion $ Thursday night. Of course they were ready for award already and awaiting the funds but still there is a lot of work to finalize the award in the system. We plan to be here till midnight like every year.
  2. The FAR Finance Team sent us this response concerning a revision being made to FAR 11.002. FAR Finance Team’s Response: The FAR should not instruct requiring activities (requiring activities must prepare...) but rather the contracting officer. Therefore, the text was changed to instruct the contracting officer rather than the requiring activity (the contracting officer shall obtain from the requiring activity...). I thought the FAR applied to all members of the Federal Government but at least to the members of the Acquisition team. FAR 1.102-4(e) states: (e) The FAR outlines procurement policies and procedures that are used by members of the Acquisition Team........... So how can they say the FAR should not instruct the requirments office on thier responsibility to prepare the requirements document. I just thought I would see what the WIFCON community thought about this. Maybe I am off base in my thinking.
  3. OK so I post my requirement to Alliant SB and if I do not get two acceptable proposals, I repost it to Alliant LB.
  4. 5 Year IDIQ Contract

    You better start running harder or you may get traded. You were my favorite player but you been slacking lately. Anyway, to your question. I cannot opine on all the reasons there might be something wrong with the contract but it probably has to do with the funds. I assume it is a labor hour contract since you mention annual labor rates. Funds are usually annual and cannot fund more than 365 days from obligation on severable T&M labor hour contracts. So they would not have been available for 5 years as you thought.
  5. Eliminate everything having to do with the service contract inventory reporting by contractors. Seems to just be a back door way of getting head counts that the Government can never give accurately. And guess what? They have never gotten accurate data from it either. FAR 4.17.
  6. And get away with it. And be chosen as Best in Class. They might as well not trained me.
  7. PP Neutral Rating

    If everyone is doing their jobs correctly the past performance information will be in PPIRS. The contractor cannot claim he has none. However, not everyone is getting all their reports into the system. My Agency is about 22%. Everryone says they have no time. Then on the evaluation side, only "relevent" past performance can be considered and their is plenty of protest cases over that. What if it for work in a different NAICS but there is 5 reports in PPIRS (each lower value) that are sat and below. Why should that not be "relevent". Between the CPAR system being too segregated in who can submit reports, password difficulties with the system, and too many protests over the PP evals, the whole system needs to be revamped.
  8. NITAAC vs GSA

    NASA SEWP is where the majority of the COs in my agency go for anything IT related. We are just not that familiar with NITAAC.
  9. How to communicate and collaborate with thier clients. Beiing a team player when appropriate, taking total charge when necessary and knowing when to do each. All the training in the world will not solve someone being emotionally immature and unable to function on a team. Or someone so introverted they block thier cube entrance with a filing cabinet and never leave thier cube.
  10. H - clause vs FAR/DFAR

    Now we get information that Gabriel should have provided in the first post. Kicked down the road for 4 years and $10B involved? Plus I read about a BOA (what has that to do with the contract). Sounds like the legal departments need to hash this out. Or do as Don suggested and issue a final decision before the legal teams fight it out. $10B would make me do everything in my power to push Section H at the Governement.
  11. TEP = Sum of Labor Rates

    Remember that GSA has pioneered awarding IDIQ contracts with no pricing at all for which there will be competition at the task order level. The GAO overruled the protest against that method. So it is not so clear cut anymore.
  12. All, I am not very good at trying to research historical information on why actions are the way they are. The subject tax law allows us to renegotiate price for unexpected business taxes charged the contractor but does not allow us to increase the price for social security and other employement taxes levied on the workers. Why not? Could someone with good research skills see if the Federal Register or FAR council explained why this is. If they are working in one of our conflict zones and the host country suddenly pulls 15% of thier pay, they want to be made whole again or they threaten to head for the next plane out. They are there to make money, not for the scenery. So why can we make a contractor whole but not his employees?
  13. These are all overseas contracts so SCA does not apply.
  14. Is the CPCM worth getting?

    I think I learned a lot preparing for the test. The exam was more difficult than any I took in college so I was very proud to pass it. My management was impressed as many are NCMA members and that sure did not hurt my rise from intern to Division Director in minimal time. I kind of like seeing the CPCM in my signature block too.
  15. Our form (DS-1910 automated) has to go to the small business office even if it is a 100% set aside for small business. They get to help us decide which socio-economic category we should be using. Our published pecking order for this year (several years) is HUBZONE, SDVOSB, and WOSB. So the COs must prove with market research that each in turn cannot meet the need. If none can, then you can go regular small business or large business as justified. The form is very similar to the DoD form in content but not looks of course. It is passed electronically in our MyData system.
  16. Department of State uses the DS-1910 as our required form. It was recently automated as more of a database than a form so i have no idea how to attach it now.
  17. Estimated Delivery Order

    He needs 100 per year but can only store 10. Why not award a delivery order for 100 widgets and on the delivery order state they are to be delivered ten at a time upon receipt of an email from the program office POC/COR. The company invoices after each shipment. We have done that several times. Why would this be an issue?
  18. Contracting Officer Misconduct

    It depends on the Agency and how it is orgainized. In my agency, we have Branch Chiefs and Division Directors above the COs. Contractors can appeal to them and they do with some frequency. We also have an ombudsman assigned by clause to all IDIQ contracts to ensure fair opportunity. If the management thinks a contractor is being wronged, they will talk to the CO involved to try and improve the situation or if they believe the CO to be right they will explain to the contractor why we believe what we are doing is proper. All past performance reports through CPARS must go to the contractor for comment, and if they disagree with the report, they can refute the report and request a review. All our reviews are by a Division Director. We have reassigned contracts in some cases where it is obvious the CO is having personality conflicts with the contractor's representatives. I have seen the complaints about not being able to do anything about a particular CO but my immediate thought is "everyone has a supervisor somewhere". If all fails, file a breach of contract as stated earlier.
  19. I am told by my small business liasion that they should contact thier local SBA Commercial Marketing Representative for the latest guidance.
  20. A lot of COs like to think of a fixed unit price labor hour contract as being "fixed price" They like the fixed price clauses. Many of these contracts do not have any deliverables except for the hours worked. Therefore, every hour not worked is an hour not delivered and it can be deducted from the "fixed price". D&F not an issue for us, under 3 years only needs Branch Chief (level above CO) and over 3 years takes HCA but approval time for HCA is only a day or two.
  21. I will bet they are behind on competing the continuation contract. Like the many, many J&As I approve for my agency. They say lack of planning is not a reason for a sole source but regardless we must not let the mission fail so I sign, sign, sign continuatioms. What we really have is a lack of long range human resource planning that has resulted in too many contractors and not enough FEDS to do the inherently governmental tasks such as requirements definition and competitive solicitations. And yet once again we hear that we have too many FEDS and need a hiring freeze to thin them.
  22. Bare Walls, Cascades cause industry to make proposals that they may have no chance of ever being considered for. That convience and procurement time saved for the CO means risking proposal costs for the contractors and many would not bid in a cascade scheme for just that reason. A lot depends on the complexity of the proposal needed and thus the cost of submitting it.
  23. Oxford Comma

    So who is busy telling us not to put a comma before an and. Red, White and Blue. I always put a comma after white but got told somewhere in my schooling to quit doing it. Is there some other theory out there on this?
  24. MyFrogleaps, What you are describing is an interagency agreement. It is not an assisted acquisition and it is not a direct acquisition. There is no acquisition involved. Todd Davis stated that it did not fall under the FAR. Therefore the Contract Disputes Act (FAR 33) would not apply either. Don't worry, nobody at my Agency can understand the differentation either.
  25. Signing actions above warrant authority?

    This delegating the award of contracts to any Government Employee** you want defies my 18 years of contract training. And lead to a helluva lot more chaos than we already have in my office. ** Awards are inherently Governmental so contract hires would definitely be out.