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Found 13 results

  1. Federal contractors often hire former agency employees. But rules exist that can place limitations on the business activities of past officials who seek to work with the agency by which they were previously employed. So what happens when a bidder thinks that a competitor has an unfair advantage because it has hired such a former official? A recent protest decision sheds some light on how agencies and GAO proceed when facing such a perceived conflict of interest. Read the full article at Petrillo & Powell's Patterns of Procurement.
  2. Hello! I thought this would be a good question for this forum to get a good idea on how things are done in other agencies. How often do you check the System for Award Management (SAM) for active exclusions? Do you check it for every contract action? That is how I was trained but someone brought up today that this may not be necessary. The FAR prohibits soliciting, or awarding to vendors that are on the excluded parties list but does not specifically require the Contracting Officer to check for every modification (e.g. admin changes). I found two applicable references which are verbose but nothing specific to requiring the check for every contract action - FAR 4.11 and 9.404-9.405: FAR 4.1103(a)(1) says that the Contracting Officer "(1) Shall verify that the prospective contractor is registered in the SAM database before awarding a contract or agreement. Contracting officers are encouraged to check the SAM early in the acquisition process, after the competitive range has been established, and then communicate to the unregistered offerors that they shall register;" FAR 9.404(c)(7) says that each agency must "(7) Establish procedures to ensure that the agency does not solicit offers from, award contracts to, or consent to subcontracts with contractors whose names are in the SAM Exclusions, except as otherwise provided in this subpart;" I'm at the Dept of Homeland Security. I can't find any agency specific information to requiring a check for every contract action either. Do you think this is something that was passed down as a best practice but not a requirement? This could also adversely affect a CO if they award a modification and find out that a vendor has been suspended so it could result in more dire consequences. I would love to know what you think!
  3. Hello all, I'm new to this contracting forum so please forgive me if this question has already been asked and answered before. So I am in the middle of writing up my formal response to a protest I've received. I've been searching the FAR up and down and can't seem to find the exact FAR reference I am looking for and was wondering if this forum could be of assistance. I’ve looked in FAR parts 5, 10, 12, 13, 14, and 15, including DFARS references. The back story is: a vendor provided us with a market research quote on 6/29/17. Solicitation was posted on GSA from 8/14/17 - 8/18/17 and I received 3 quotes, including this vendor’s quote. Their quote was found to be technically acceptable but was higher than their original market research quote and was not chosen for award because they did not provide the best value to the government with price being the determining factor. They are protesting that we should have accepted their original quote from 6/29/17. The FAR reference I am looking for should say something like "Quotes from offerors in response to a solicitation can only accepted." Does anyone know of a reference like that in the FAR or a similar one that I can use for my formal protest letter? The FAR references that I think might talk to this is: FAR 13.106-2(a)(2), FAR 14.103-2, FAR 14.301(a)(1), FAR 15.201(c)(3), and FAR 15.208(a). I attempted to resolve this issue through cordial conversations, according to the guidance in FAR 33 “Protests”, prior to the protest and I explained to the vendor that quotes can only be accepted in response to a solicitation, not market research quotes. He didn't like that answer. So now I'm in a protest. I want to make it crystal clear to the vendor in my letter so as to avoid a GAO protest. Thank you for your time and assistance!
  4. Contracts with the Federal Government represent big bucks for technology companies. According to ITDashboard.gov, government agencies spent a whopping $82.8 billion on information technology investments in FY2016, a number that’s poised to grow in the next two years. It’s no wonder, then, that technology companies take government contracts seriously. So when tech giant Palantir Technologies could not get the Army to consider its commercial IT system, they protested. And ultimately, the Court of Federal Claims decided in their favor. View the full article here.
  5. The Contractor Performance Assessment Reports System (CPARS) is a tool used by federal agencies to record their evaluations of contractors’ performance. A poor evaluation will jeopardize a contractor’s chance of winning new contract awards. Contractors can respond to poor evaluations by providing input when they feel they’ve been unfairly assessed. Yet in the recent case of CompuCraft, a successful appeal to the Civilian Board of Contract Appeals found that there were limits to how completely they could correct their poor evaluation. Nonetheless, their efforts at redressing their improper negative rating provide an important template for other contractors who find themselves in similar circumstances. CompuCraft, Inc., CBCA No., 2017., Mar. 1, 2017 View the full article here.
  6. For losing contractors, the question of whether to protest is a tricky one. Contractors often move to protest when the requirements seem to favor one competitor over another, or when the rules of the procurement are unclear. But there’s an important difference between an agency displaying an abuse of discretion and simply utilizing the flexibility written into the Federal Acquisition Regulation (FAR). Two recent cases shed light on where that distinction may lie. Professional Service Industries,Inc. v. United States, et al., 129 Fed. Cl. 190 (2016) SSI, B-413486, et al., Nov. 3, 2016. View the full article here.
  7. How does one distinguish between FAR/DFARS clauses to be flowed down by reference vs. in full text?
  8. Department of Defense uses form DD2579, Small Business Coordination Record, in accordance with DFARS 219.201 and DFARS PGI 253.219-70. (1) What other forms do civilian, non-DoD agencies use to document the contracting officer's decision re: small business set-asides and coordination with the Office of Small and Disadvantaged Business Utilization? DHS? VA? NASA? Energy? GSA? (2) Do any frogs have Internet links to see these documents in PDF or Word? From this thread, PepeTheFrog sees that GSA uses the "2689."
  9. If you terminate a contract for Default and fail to notify the SBA offices in accordance with FAR 48 CFR 49.402-3 (e)(4), is this a big deal or not? Is it worse if this occurred 10 times over the course of two years? What are they supposed to do with this info, anyway?
  10. I see on WIFCON and on acquisition.gov that the previous FAR versions go back to 1999. I am interested in doing research on versions that go back further than that, particularly on changes to FAR Part 15. Does anyone know of an online resource that would be best suited for this?
  11. I know you can ask for discounted pricing from GSA Scheduled contractors but can you actually negotiate with them? Let's say we put out an RFQ and we get quotes in, can we then start negotiating with one of the vedors? How does one "negotiate" better pricing with GSA vendors?
  12. FAR Supplements vs FAR

    I have a general question. If there is a FAR Supplement term and condition that has additonal conditons when compared to the same FAR term, what term controls ? My understanding is that the Agency FAR supplement controls in these instances but I wanted to open up a discusson about this as I have been unable to find anything that definitively states as such.
  13. CFR vs FAR

    What are the main differences between the Code of Federal Regulations and Federal Acquisition Regulations? Does one take precedence over the other? In what instances is the CFR applicable and when is the FAR applicable?
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