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napolik

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  1. You need to get guidance from someone in your office. Ask your boss what he or she expects to see in the BCM.
  2. Is BCM an acronym for Business Clearance Memorandum? If so, the Marine Corps should have guidance on the form and content of BCMs. Each agency, sometimes each contracting office, provides this guidance to its contracting officers. Take a look here: http://www.hqmc.usmc.mil/cmpg/usmc_cmpg/bcm.htm.
  3. During the 90s - the era of Acquisition reform, the term / policy Cost as An Independent Variable (CAIV) appeared. The purpose is to assure that systems acquired via contract fall within budget limits set for the system. The CAIV approach has been used successfully in service contracts as well. There is no reason why you cannot announce in a solicitation the maximum cost or price you are willing to pay for a product or service. You invite the competitors to provide proposals within the maximum cost or price while providing them the latitude to propose changes to your SOW or terms and conditions, if necessary to stay within the dollar limit you announce. This approach should not be used routinely, but there are times when your budget circumstance demands its use.
  4. If you did the BPAs under FAR Part 13, take a look at paragraphs ( c ) and (d) of FAR 13.303-5. Quote 13.303-5 -- Purchases Under BPAs. (a) Use a BPA only for purchases that are otherwise authorized by law or regulation. ( Individual purchases shall not exceed the simplified acquisition threshold. However, agency regulations may establish a higher threshold consistent with the following: (1) The simplified acquisition threshold and the $6.5 million limitation for individual purchases ($12 million for purchases entered into under the authority of 12.102(f)(1)) do not apply to BPAs established in accordance with 13.303-2( c )(3). (2) The limitation for individual purchases for commercial item acquisitions conducted under Subpart 13.5 is $6.5 million ($12 million for acquisitions as described in 13.500(e)). ( c ) The existence of a BPA does not justify purchasing from only one source or avoiding small business set-asides. The requirements of 13.003( and subpart 19.5 also apply to each order. (d) If, for a particular purchase greater than the micro-purchase threshold, there is an insufficient number of BPAs to ensure maximum practicable competition, the contracting officer shall -- (1) Solicit quotations from other sources (see 13.105) and make the purchase as appropriate; and Unquote If you did them under FAR Part 8, you are OK unless your agency FAR supplement dictates otherwise (e.g. DFARS 208.405-70 Additional ordering procedures).
  5. See this: https://acc.dau.mil/CommunityBrowser.aspx?id=24875.
  6. The applicability of FAR 19 to FAR 8 is clearly a different issue from those that have been volleyed about in this thread. While I am reluctant to discuss yet another one in this thread, I am compelled to point out that GAO has stated clearly that FAR 19 does not require contracting officers to apply the rule of two to procurements conducted under FAR Part 8. Quote Nothing in the Small Business Act suggests or requires that the Rule of Two--which is set forth in the regulations that implement that Act (but is not found in the Act itself), see Delex Sys., Inc., B-400403, Oct. 8, 2008, 2008 CPD para. 181 at 6-7--takes precedence over the FSS program. To the contrary, and as noted above, the implementing regulations for the small business set-aside program and the FSS program expressly provide that set-aside requirements for the program do not apply to FSS buys. See FAR sections 8.404(a), 19.502-1(, 38.101(e). Accordingly, we conclude that the Small Business Act and its implementing regulations do not impose a requirement on agencies to first evaluate whether a solicitation should be set-aside for small businesses before purchasing the goods or services through the FSS program. Unquote See Edmond Computer Company; Edmond Scientific Company, B-402863; B-402864, August 25, 2010.
  7. I understand your frustration as I know many 1102s in your circumstance. I am unable to answer this question. I can suggest that your office hire an 1106 who is responsible for dealing with issues like this. One of the disturbing side effects of an "automated procurement system" - which is actually an annex to a financial management system - is the diversion of "procurement professional" time and effort from learning and applying procurement principles to chasing bits and bites through computer systems. 1102s need to spend less time perfecting keystrokes and mouse moves and more time reading the FAR or thinking about good business deals.
  8. Two years ago,I heard DoD VIPS say that Delex must be overturned. Recently, I heard a DoD Procurement VIP say that he supports the idea of applying the rule of two to IDQ contracts. I am no longer sure that Delex is going to be history - at least in DoD.
  9. Pursuit of new ideas must be preceded by pursuit of basic knowledge of the FAR and of its day-to-day application. This cannot happen without an OJT program. Formal training, whether in the class or on the web, cannot be a substitute for reading the FAR and asking questions of knowledgeable journeymen 1102s.
  10. It is important that you base decisions based upon your knowledge of the FAR, not upon "feelings" sensed around the office, even if the feelings are felt by someone with a warrant.. Please read FAR 15.3 and tell us if the concept of the competitive range applies only to "best value" source selections.
  11. FAR Subpart 1.7 addresses Determinations and Findings (D&F). I don't see anything prohibiting the use of a D&F when making a determination to exercise an option.
  12. If you need additional information to determine the acceptability of the proposals, the exchanges with the offerors would constitute discussions. See this extract from Nu-Way, Inc., B-296435.5; B-296435.10, Sept. 28, 2005: Quote When an offeror is given the opportunity to remove an ambiguity from its proposal, especially where the information to be provided by the offeror is essential for determining the proposal?s acceptability, such an exchange constitutes discussions. Unquote If you are following FAR Part 15, perhaps the circumstances justify a competitive range of two. If you are using FAR Part 13, why not speak only with the "most acceptable" contractor offering the lowest price? If the proposal statements are included in another language, can you not eliminate the confusion by obtaining a better translation of the statements by someone other than the contractors?
  13. Why can you not use contracts awarded prior to the repeal? What has directed the non-use of existing contracts? See FAR 1.108(d): Quote (d) Application of FAR changes to solicitations and contracts. Unless otherwise specified ? (1) FAR changes apply to solicitations issued on or after the effective date of the change; (2) Contracting officers may, at their discretion, include the FAR changes in solicitations issued before the effective date, provided award of the resulting contract(s) occurs on or after the effective date; and (3) Contracting officers may, at their discretion, include the changes in any existing contract with appropriate consideration. Unquote What has specified non-use of existing contracts?
  14. Posts 2 and 3 have all the information you need. You will not find a common response from contracting offficers. In my career within and outside DoD, when faced with a CR, there have been times when I funded fully 12 month periods of performances. In other cases, the funding covered only the period covered by the CR. My decisions have been governed by the wording of the CR and the allocation of funds by the agency comptroller.
  15. While I would be willing to provide information or documents pertinent to a tax exemption for the contractor supporting my agency, I would be leery of signing any LOA. Take a look at FAR Part 29 for direction. Specifically see FAR 29.303 and FAR 29.305. The former FAR section says the following at paragraphs (a) and (: Quote 29.303 -- Application of State and Local Taxes to Government Contractors and Subcontractors. (a) Prime contractors and subcontractors shall not normally be designated as agents of the Government for the purpose of claiming immunity from State or local sales or use taxes. Before any activity contends that a contractor is an agent of the Government, the matter shall be referred to the agency head for review. The referral shall include all pertinent data on which the contention is based, together with a thorough analysis of all relevant legal precedents. ( When purchases are not made by the Government itself, but by a prime contractor or by a subcontractor under a prime contract, the right to an exemption of the transaction from a sales or use tax may not rest on the Government's immunity from direct taxation by States and localities. It may rest instead on provisions of the particular State or local law involved, or, in some cases, the transaction may not in fact be expressly exempt from the tax. The Government's interest shall be protected by using the procedures in 29.101. Unquote The latter FAR section addresses evidence needed to establish an exemption from State or local taxes.
  16. I want to agree with you, but I cannot - as yet. I am familiar the kinds of FPDS data analyzed and discussed prior to the issuance of the memo. The DPAPers looked at all actions coded as competitive for which a single offer or quote was received. These actions included ones under FAR 8, 13, 15 and 16. I should have more info on this in the next few days.
  17. In reviewing the policy and procedures set forth in FAR 12.207 governing the preparation of a D&F, I conclude that you must do one even though a majority of contract line items are firm-fixed-price. FAR 12.207((1)(ii)(A) establishes a requirement to prepare a D&F: Quote 12.207 -- Contract Type. (a) Except as provided in paragraph ( of this section, agencies shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustment for the acquisition of commercial items. ( (1) A time-and-materials contract or labor-hour contract (see Subpart 16.6) may be used for the acquisition of commercial services when? (i) The service is acquired under a contract awarded using? (A) Competitive procedures (e.g., the procedures in 6.102, the set-aside procedures in Subpart 19.5, or competition conducted in accordance with Part 13); ( The procedures for other than full and open competition in 6.3 provided the agency receives offers that satisfy the Government?s expressed requirement from two or more responsible offerors; or ( C ) The fair opportunity procedures in 16.505, if placing an order under a multiple award delivery-order contract; and (ii) The contracting officer? (A) Executes a determination and finding (D&F) for the contract, in accordance with paragraph ((2) of this section (but see paragraph ( c ) of this section for indefinite-delivery contracts), that no other contract type authorized by this subpart is suitable; Unquote While they do not address your question directly, other paragraphs in FAR 12.207 do imply that you must prepare one. Take a look at FAR 12.207((2)(iii): Quote (iii) Establish that the requirement has been structured to maximize the use of firm-fixed-price or fixed-price with economic price adjustment contracts (e.g., by limiting the value or length of the time-and-material/labor-hour contract or order; establishing fixed prices for portions of the requirement) on future acquisitions for the same or similar requirements; ??. Unquote In my mind, this indicates a recognition that a single contract can contain both firm-fixed-price (FFP) and time-and-material (T&M) or labor-hour (LH) coverages. See also FAR 12.207( c )(2) and (3): Quote (2) When an indefinite-delivery contract is awarded with services priced on a time-and-materials or labor-hour basis, contracting officers shall, to the maximum extent practicable, also structure the contract to allow issuance of orders on a firm-fixed-price or fixed-price with economic price adjustment basis. For such contracts, the contracting officer shall execute the D&F required by paragraph ((2) of this section, for each order placed on a time-and-materials or labor-hour basis. Placement of orders shall be in accordance with Subpart 8.4 or 16.5, as applicable. (3) If an indefinite-delivery contract only allows for the issuance of orders on a time-and-materials or labor-hour basis, the D&F required by paragraph ((2) of this section shall be executed to support the basic contract and shall also explain why providing for an alternative firm-fixed-price or fixed-price with economic price adjustment pricing structure is not practicable. The D&F for this contract shall be approved one level above the contracting officer. Placement of orders shall be in accordance with Subpart 16.5. Unquote These subparagraphs also anticipate contracts containing a mixture of FFP, T&M and LH coverages. Since the scope of requirement to prepare a D&F set forth in FAR 12.207((1)(ii)(A) is not limited to a contract wholly T&M or LH and since FAR 12.207((2)(iii) and FAR 12.207( c )(2) and (3) anticipate the issuance of contracts with a mixture of FFP, T&M and LH coverages, I believe you must prepare the D&F.
  18. Here is a portion of the text of 42.1303: Quote 42.1303 -- Stop-Work Orders. (a) Stop-work orders may be used, when appropriate, in any negotiated fixed-price or cost-reimbursement supply, research and development, or service contract if work stoppage may be required for reasons such as advancement in the state-of-the-art, production or engineering breakthroughs, or realignment of programs. ( Generally, a stop-work order will be issued only if it is advisable to suspend work pending a decision by the Government and a supplemental agreement providing for the suspension is not feasible. Issuance of a stop-work order shall be approved at a level higher than the contracting officer. Stop-work orders shall not be used in place of a termination notice after a decision to terminate has been made. Unquote Note the final sentence of paragraph (. I assume you have a FAR Part 49 Termination clause in your contract. It appears you have decided you no longer require the work covered by a portion of the SOW and by CDRLs. You should issue a partial termination of your contract covering the relevant portions of the SOW and the CDRLs.
  19. Approximately 2 years ago, I ate lunch with a member of the DAR Council during a DoD Conference. I pointed out the contradiction between the court decisions and the FAR coverage of interest on claims. She seemed very interested, and she requested that I send the details. I did. Perhaps the next FAC will correct the FAR coverage.
  20. The policy affects overseas Navy contracting offices doing ship repair where the DBA does not apply. I am trying to get a copy of the policy memo to determine the basis for the decision to move from service to supply.
  21. It is not stated in the FAR. It is stated in the GAO Red Book. See post 16 of this thread for the reference.
  22. DON, within Navy, outside of NAVSEA, there has been a recent policy change that converted ship repair from a service contract to a supply contract. Have you seen anything modifying your view that ship repair is a service vice a supply? In your view what are the statutory or regulatory implications of using a supply versus a service contract to repair ships?
  23. You may need to provide your actual estimated costs and profit. The answer depends upon your specific solicitation and its provisions, and the circumstances of the procurement. Chances are the solicitation contains the provision at FAR 52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. If so, read the provision to determine exactly what information the contracting officer is seeking from you. If you must submit cost or pricing data because no exception applies, see FAR 15.408 at Table 15-2 -- Instructions for Submitting Cost/Price Proposals When Certified Cost or Pricing Data Are Required. Part I of the table -- General Instructions, requires you to provide your proposed cost; profit or fee. Part II of the Table 15-2 -- Cost Elements, requires a break down of your cost elements.
  24. boca, What is your specific question? What is the estimated dollar value of the procurement, including options? What FAR provisions in the solicitation address price / cost information?
  25. I corresponded with representatives of an Army and a Navy contracting offce located in Europe. Neither office has a SB rep; neither awards contracts for work in the US. I am attempting to obtain copies of relevant documents setting out the reasons for these policies.
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