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krusem

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  1. Vern, As usual, your insight is simply outstanding and provides a great deal to consider as we move forward with this requirement. Thank you to everyone that commented on this thread.
  2. The commercial item definition "published" catalog prices and "established" market prices; thus, the reasoning behind the wording. My concern was whether this particular requirement, believed to be sold competitively in substantial quantities in the commercial marketplace, is done so based upon "established" market prices that can be substantiated through competition. In regards to the services, the contractor would assist the Government with strategic planning. The purpose of strategic planning is to develop organizational objectives for a wide array of mission-related areas. In
  3. Thank you for the information. I am currently reviewing guidance on that very topic. Initial market research indicates that this is a service commonly performed in the private sector, but further research is necessary to determine whether there is published catalog pricing or established market pricing. In addition, I am also reviewing guidance on PBSA as it relates to A&AS. My initial belief was that developing a PWS would not be an issue, but in giving it more thought, maybe I was a bit naive. This is certainly something I will have to discuss more thoroughly with my customer.
  4. Once again, I realize that if I read a bit more thoroughly I would likely find the answers to my own questions. Thank you very much Vern! You're always a great source of knowledge and your willingness to help is greatly appreciated.
  5. Thank you for the in-depth response Vern! I should have reviewed FAR 2.101 in addition to FAR 37.2, as the definition is quite expansive. There was some concern that our requirement might be prohibited IAW FAR 37.203(c)(1). I am not certain that our requirement aligns with FAR 37.203(c)(1), as it is our intent for the contractor to assist the Government in this effort and the contractor would not participate in policy, decision making, or etc. If I may, let me ask a follow-up question. Is the determination at FAR 37.204 specific to contractor personnel performing evaluations or a
  6. Our organization has expressed an interest in contracting for a company to assist it with strategic planning. The contractor would assist a group of Government employees (i.e. leadership) with identifying strategic objectives and associated criteria to evaluate progress. This information would be compiled into a document and provided to the Government for further development of its strategic planning. Performance will occur over the course of a week long meeting by Government personnel, with a minor amount of time dedicated to gathering data prior to the meeting and compiling information af
  7. Thank you very much Vern. Great information. You should write a book! ...kidding, as I have your book on Source Selection - and it is quite good.
  8. Vern, your response is incredibly helpful. I greatly appreciate the time you've taken to help explain my question. That being said, I am going to ask one last question and hope I haven't worn out my welcome. In the interest of treating quoters fair, is it necessary to provide all (or even some) offerors the opportunity to revise quotes, or is it acceptable to ask a single offeror to revise its quote? I am torn between each, since it doesn't seem fair to allow a single offeror to revise its quote and not others, but it also seems to go against the intent of SAP to allow each offeror an opport
  9. I failed to ask this in my last post, but what about the following: Although an agency is not required to establish a competitive range or conduct discussions under simplified acquisition procedures, we think that where an agency avails itself of these negotiated procurement procedures, the agency should fairly and reasonably treat quoters in establishing the competitive range and conducting discussions. See Finlen Complex, Inc., B-288280. What would constitute an agency using negotiated procedures in lieu of simplified acquisition procedures? The aforementioend case seems to incidate that me
  10. Thank you both for your responses. Vern, that was a phenomenal response and provides me with exactly what I needed to wrap my head around it.
  11. I have a question regarding FAR 13.106-2 that I cannot seem to solve on my own, so I hoped the smart folks on WIFCON could provide guidance. Many might consider this a rather basic question, but nonetheless, I have managed to overthink it. To provide some context for this question, let's assume we are discussing the purchase of commercial supplies below the SAT. The excerpt at FAR 13.106-2( (3) reads, "Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required." The excerpt at FAR 12.203 reads, "Contracting officers
  12. Vern, you are very much correct in your assessment of the underlying issue that drives such questions. I have read the discussion regarding modification authority and agree that it is perplexing that a Contracting Officer must have an authority to modify a contract, but he/she does not have to cite an authority to award a contract. That being said, the question at hand is whether or not a Contracting Officer is given the authority to extend the period of performance for a construction contract in FAR 52.249-10. I am of the opinion that it does, whereas others believe the regulatory authority
  13. There is currently a topic of great debate in our office and I would like to get some additional opinions on the subject. When a contractor has requested an extension to the period of performance based upon excusable delays due to unusually severe weather experienced on a construction contract, what is the proper modification authority? I would be highly interested in reviewing any associated case law on the subject. The majority opinion is that the Contracting Officer may extend the period of performance citing FAR 52.249-10 - Default (Fixed-Price Construction) as the modification authority.
  14. Thanks gents. I appreciate the elaboration Joel.
  15. Thanks for the post Joel. I do have one question for you. I apologize if I am asking you to repeat yourself. Why the reluctance to request the breakdown with the initial proposal? What benefit does three additional days provide to the contractor? Isn't there proposal backed by sufficient estimation prior to submission? I were to receive a proposal and found out that the contractor was not in a position to also provide a complete breakdown at that time, I would be a little concerned. I would like to hear you elaborate on this. Maybe I am just not fully understanding the detail of the breakdown
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