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Everything posted by napolik

  1. Have you told the Army folks that your contract is a multiple award, not a single award? Are you competing the Client A and B orders among the multiple contract holders?
  2. napolik

    Scope of the Competition

    I called GAO. After explaining the circumstances to the GAO rep and asking how I could obtain an advance opinion on the matter, I was told that GAO reps will caucus on the subject. The GAO rep will contact me in a day or two.
  3. napolik

    Scope of the Competition

    Monsieur, on ne badine pas avec le GAO. Il faudra que j'y r?fl?chisse.
  4. Woops, Are you planning to place orders exceeding $100 million under one of your existing contracts that exceeds $100 million? If so, did you award your contract to a single or to multiple contractors?
  5. napolik

    Scope of the Competition

    A minimum of plus or minus 10%. When changing contract SOWs from LOE to FFP, I expect to introduce performance measures that do not exist in the current SOW. These measures could drive the prices up or down.
  6. napolik

    Scope of the Competition

    Would you change your mind if the negotiated FFP varies from the T&M maximum price or from the price of the FFP LOE?
  7. I assume you have the following clause in your contract: 52.216-7 Allowable Cost and Payment (Dec. 2002). Note this sentence in (a) (1): "The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract." Note the phrase in the middle of the sentence: "...in such form and reasonable detail as the representative may require, ...". I think you are entitled to ask for details on the contents of the direct labor. Quote (a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. Unquote
  8. In my youth, perhaps I had too many Sisters Mary Knuckles drilling grammar and sentence structure into me. It is very clear to me that the words ?that were incomplete, inaccurate, or noncurrent? represent a relative clause modifying the word ?data?. If the clause does not modify the word "data", what does it modify?
  9. napolik

    Cardinal Changes

    There is not a single, clear definition. I suggest you read the discussion entitled "Meaning of 'Within the General Scope"' starting on page 382 of The Administration of Government Contracts, Fourth Edition.
  10. napolik

    Interagency Acquisition and Waste

    There is no prohibition, or even discouragement, from using direct acquisition (i.e. placing orders under GSA FSS or GWACS) to meet DOD needs. See the below FAQ from http://www.acq.osd.mil/dpap/cpic/cp/faq.html. What are the circumstances in which it is appropriate to use direct acquisitions? DoD contracting officers are encouraged to utilize existing contracts of non-DoD agencies when supplies or services under contract meet or exceed DoD schedule and performance requirements. DoD contracting officers must ensure that the prices obtained for such goods and services are fair and reasonable and that all statutory, regulatory, and policy requirements of the Department are met. As is the case with any procurement this business decision must be sufficiently documented in the contract file. Examples of a direct acquisition include the placement of an order against a General Services Administration Schedule contract or the National Aeronautics and Space Administration?s (NASA) Scientific and Engineering Workstation Procurement (SEWP) contract by a DoD contracting officer. What are the circumstances in which it is appropriate to use assisted acquisitions? DoD requirements may be met utilizing the assisted services of non-DoD agencies. Utilizing an assisted acquisition may be appropriate when requirements are well defined, the bona fide need standard is met, when the fees paid are considered fair and reasonable, when there is a complete understanding between the parties of roles and responsibilities, especially with regard to contract oversight and administration, and when it is determined to be in the best interest of the Department. Sufficient and appropriate funds must be utilized for the tasks to be accomplished for the time period of performance. All Interagency Acquisitions should have an Interagency Agreement (IA) regardless of dollar value. See the Director of Defense Procurements memo of October 31, 2008. However, the memo notes that an abbreviated IA may be appropriate for acquisitions less than $500,000.
  11. f fed, Are you saying that it is OK to issue an Indefinite Delivery contract against a GSA Schedule? If so, what about FAR 8.403 -- Applicability? Under what part of the FAR do you conduct the competition?
  12. The GSA Schedule is an indefinite delivery contract. You do not issue an indefinite delivery contract under a GSA Schedule. You issue an order or create a BPA against the Schedule. Quote 8.403 -- Applicability. (a) Procedures in this subpart apply to-- (1) Individual orders placed for supplies or services placed against Federal Supply Schedules contracts; and (2) BPAs established against Federal Supply Schedule contracts. Unquote Take a look at 8.405-3. I suspect you want to establish a BPA.
  13. Are you asking if you should insert the provisions now, or if you should insert them after receipt of proposals? If you agree with the contractor?s request to include the ?provisions?, put them in now. This is particularly true as you are dealing with overseas contractors who miss the subtleties of the FAR vocabulary. If not, wait with your fingers crossed until the due date for submission of proposals. If you receive multiple proposals, you can negotiate with a stronger hand. If he submits the sole proposal and attaches a letter of exceptions, then include or delete the ?provisions? in the PO and send it to him for signature. If you receive no proposals, modify the solicitation to accommodate the contractor?s wish and send it back to him for signature. Are you sure you are dealing with solicitation provisions and not contract clauses, or elements of the SOW? BTW, I once dealt with an overseas contractor who refused to sign a contract because various clauses said the ?Secretary? was empowered to take certain actions. The Secretary was the Secretary of Defense or Navy, not a clerk.
  14. Assuming there is no clause in your contract with Uncle limiting your discretion in selecting subs (e.g. subcontract approval or subcontracting plan requirements), you are not bound by the FAR source selection policies and procedures. As a good business practice, I think you should be consistent with any source selection procedures listed in your solicitation. Assuming there are no detailed procedures, negotiate in a way that makes sense and gets you the best deal.
  15. You can do either one. The DOD used to have an initiative designed to match performance against available monies - Cost As an Independent Variable (CAIV). Tell the contractor how much you are willing to pay and invite them to suggest changes to your SOW, Ts and Cs, or whatever, to meet the cost (or price) target. It worked for me in a FFP competition.
  16. God bless Sister Mary Knuckles and her vocabulary classes!
  17. DODers, note that the example offered by Carl is not apposite to DOD if the requirement >$100k. See DFARS 208.405-70 and PGI 208.405-70.
  18. In my experience, BPAs can be unpriced collections of terms and conditions only. Or, they can include items of supplies and services to be priced during competitions among the BPA holders. The extent of the detail is a function of the market covered by your BPA.
  19. Sometimes, tough love is the best love. BPAs have been around at least 40 years. A few decades ago, any GS 1105 05 would have known the purpose of a BPA and the procedures one used to place calls against BPAs. There seems to be correlations between the "professionalization" of the 1102 workforce, the disappearnace of 1105s, the arrival of "automated procurement systems? and the lack of knowledge of procurement fundamentals seen today. The responsibility for recognizing the disappearance and for taking corrective steps rests with the supervisors and managers of each procurement organization. This puts squarely on the non-supervisory 1102s, the responsibility for researching the FAR to learn the rules and procedures. BTW, the rules for using BPAs are set out in FAR 13.303-5 -- Purchases Under BPAs.
  20. napolik

    Service Contract Act

    I have handled FMS contracts and other contracts requiring performance overseas. While it may be exempt from the SCA, your contract may be covered by the Defense Base Act. Take a look at FAR 28.305. See also DFARS SUBPART 222.72--COMPLIANCE WITH LABOR LAWS OF FOREIGN GOVERNMENTS.
  21. If the 6 month option prices were evaluated as part of the source selection using the prices in the final performance period, I do not see a problem if the 52.217-8 option is exercised earlier than the end of the final performance period. Oftentimes, the Government evaluates based upon its plans (e.g. will exercise all annual options) or estimates (e.g. the estimated number of hours, items, etc.). The fact that actual events vary from the plans or estimates does not invalidate the initial evaluation.
  22. I think there is a much chance the agency will reject GAO's recommendation as there is a chance the FAR Council will modify usage of the clause or rewrite it.
  23. napolik

    Travel Pricing Structure on FSS RFQ

    Vous avez dit ?a sarcastiquement, mais bien dit.
  24. napolik

    GSA BPA and Open Market BPA

    See the third sentence of paragraph (a) below: 8.404 ? Use of Federal Supply Schedules. (a) General. Parts 13 (except 13.303-2©(3)), 14, 15, and 19 (except for the requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6.102(d)(3)). Therefore, when establishing a BPA (as authorized by 13.303-2©(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (e) of this section for orders (including orders issued under BPAs) funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).
  25. Would it not have been unseemly for Alexander to have corrected Aristotle in haste? P.S. "Aristotle had publicly supported Macedonian policies which were hateful to the subjugated Athenians. But he found continued support increasingly difficult as Alexander, flushed with conquest, became more arrogant and more capricious in cruelty. The political climate of Athens became dangerous for everyone, and especially for an independent philosopher. Aristotle broke with Alexander after he, Alexander, had Callisthenes, nephew of Aristotle, put to death for failing to reverence the ruler as a god. Aristotle went into exile, moving to Chalcis in Euboea in 323 B.C. He died this same year in Chalcis at age sixty-one."