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policyguy

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Everything posted by policyguy

  1. I beleive it would be a claim and the KTR would have up to 6 years unless the CO agreed to a shorter time - - see FAR 33.206.
  2. Probably as soon as possible but the Termination Notice would state that the contractor has the right to appeal under the Disputes clause of the contract - - see FAR 49.402-3(g)(7).
  3. Deja Vu all over again: http://www.wifcon.com/discussion/index.php?/topic/2204-excusable-delays-for-construction/
  4. Does the contract contain the clause 52.249-14 Excusable Delays? If so I believe the clause would be the authority for the CO do modify the contract "completion time" IAW paragraph © of the clause.
  5. If the RFP indicated that other information available to the CO would be evaluated I don't see why the CO could not evaluate this information and if it was determined to be a weakness in the Offeror A proposal then at a minimum ask the offeror about it during discussions. It is an interesting question and I don't seem to recall any recent protests based on social media information but with the way technology is moving it could be just a matter of time until there is a protest. I have read artilces about hiring of college graduates where employers are looking at social media sites and the pages of the applicants so it may be the next step that choosing a contractor this way may happen.
  6. I would suggest first having a talk with your Competition Advocate - - see FAR 6.501 & 6.502. Based on your limited information above you may have an issue with supporting a S/S procurement and I would tend to think that at the estimated dollar amount of the proposed procurement (approx $2.5M) the Competition Advocate would need to weigh in on this. Maybe a face to face meeting with the Progam Office, PCO, and Competition Advocate would be beneficial.
  7. If the RFP is using "Standard Form (SF) 33 Solicitation, Offer and Award" see block # 22 and if one of the blocks is checked that would be an indicator that it is sole source. You could also do a search in FBO using the solicitation number and see what the synopsis indicates.
  8. Another way of looking at it - - current year needs with current year funds. It appears the option is for current needs in FY 14 so you would need FY 14 funds. Additionally, check to see what the Option Clause(s) say as well. Not sure how you could justify exercising the option in September without FY 14 funds.
  9. What did your research come up with? What course(s) of action did you develop? For instance can you even change the contract from T&M to FFP? If so how? Is the contract covered under SCA? You don't provide a lot of information so it is difficult to provide suggestions on how to proceed so doing additional research may be beneficial.
  10. I believe the agency supplment would control - - see FAR Subpart 1.3 Agency Acquisition Regulations - - for additional information.
  11. I would refer to FAR 15.307 Proposal revisions.
  12. Happy Birthday and appreciate your efforts!
  13. Are you using simplified acquisition procedures? If so see FAR 13.106-2((1). You may want to consider following the procedures at FAR 14.407-2 Apparent clerical mistakes or FAR 14.407-3 Other mistakes before the award. Cannot say for sure what avenue to take without additional information but this gives you a place to start.
  14. See FAR 4.805 - Storage, handling, and disposal of contract files. My practice was that once all the task orders were closed I would close the base IDIQ contract and use the retention period for contracts in FAR 4.805 - - 6 years and 3 months after final payment - - for the base contract and all task orders. The files (base contract and all task orders) would be sent to a records holding facility with the destroy date based on the 6 year 3 month period described. I hope this helps. You may want to check your Department/Agency FAR Supplement and local guidance as well since they may have longer period than the FAR.
  15. New OMB guidance on social media and terms of service and implications of the Antideficiency Act has recently been issued: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2013/m-13-10.pdf It contains an attachment of a legal opinion from the Department of Justice that is an interesting read as well.
  16. Agree with Vern - ask an attorney and you may want to also look over FAR Subpart 3.10 Contractor Code of Business Ethics and Conduct.
  17. I might suggest having the CO request an audit of the final invoice with the supporting documentation IAW paragraph (f) of the payments clause before considering ratification or rejecting the invoice. Once the audit is completed then you could consider your next steps accordingly. I would also suggest that the contract file be reviewed for any correspondence from the contractor per paragraph (d) of the payment clause and as Vern suggested above. (No indication above if this was done). More research and other steps are needed before considering ratification or rejection of the invoice.
  18. Does the contract contain the clause 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts? Instead of a ratification or claim a solution to your issue perhaps may be found based upon this clause e.g. withhold, release, etc.
  19. A modification is not necessary. It would be best to do by written correspondence. Here is a link to DAU where a sample Request For Final Proposal Revision is available and can be edited to meet your requirement: https://acc.dau.mil/CommunityBrowser.aspx?id=25175
  20. It will be interesting to see the GAO Report that comes with this extension. "The conferees direct the Comptroller General to report to the congressional defense committees, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform by October 1, 2013, on the use of this authority. The Comptroller General's report should address, at a minimum: (1) the extent of use of the authority;(2) the cited rationales for use of the authority; (3) the acquisition outcomes that have resulted; and (4) any waste, fraud, or abuse that have resulted from the use of the authority." Maybe they will also weigh in on why class deviations were issued??
  21. I don't see any value in this. As Vern has stated previously "...contracting with the U.S. government is the most complex business in the world. It's right up there with trading derivatives. There are countless rules and contract clauses, many of which are exceedingly hard to understand..." I would much better spend time and resources gaining a better understanding of contracting with the U.S. Government then China.
  22. I would recommend following #7 of Vern Edwards Tips for Clueless Would-Be Contractors: "...7. If you win the contract, take a firm, formal, arm's-length, businesslike approach to all aspects of the deal. Comply strictly with all contract terms and insist that the government do the same. Know all of your contractual deadlines and meet them. Know all of the government's contractual deadlines and notify them in writing the moment that they are late. The very moment. Neither ask for nor grant exceptions except through formal processes, such as engineering change proposals, formal waivers, and change orders. Know your obligations and fulfill them. Know your rights and insist upon them. When you truly believe that the government owes you something, ask for it in writing. If you don't get favorable action within a reasonable period of time, submit a claim in accordance with the contract Disputes clause and FAR Subpart 31.2. If the contracting officer does not make a decision within the deadlines set by the Disputes clause, hire an attorney and appeal to a board of contract appeals or to the Court of Federal Claims, unless you are willing to let the government keep what you think is yours..." I would also recommend you review all 14 of his tips: You indicate that you are coming "late" so I would infer that you were passed this action mid-course. Therefore, stop now and begin anew. Read the entire contract and start to gather all the facts of the issue at hand and after reading Vern's advice take action.
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