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Found 7 results

  1. FAR 8.405-4 says we may request a price reduction at any time before placing an order. I'm wondering about the opinion of WIFCON readers on requesting a price reduction to a specific price. For example, imagine I receive three quotes at $101,000, $100,000, and $99,000, all three with a perfect and identical level of effort and skill mix and all three at reasonable prices, in comparison to my government estimate and available budget of $98,000. I already know I may ask all quoters for non-specific price reductions and cross my fingers and hope that at least one comes back at $98,000 or lower. But here is the question: May I specifically ask the contractors for a price reduction to an amount not exceeding a specific dollar figure, here $98,000? I am aware of a 2009 GAO Bid Protest decision B-400777, OPTIMUS Corp., wherein the GAO clearly tells us that seeking a price reduction under FAR 8.405-4 from all quoters does not constitute discussions pursuant to FAR Subpart 15.3, and also a 2015 decision B-410636, Sapient Government Services, wherein the GAO tells us the same thing. Your thoughts?
  2. We received the following mod from our prime contractor, which they say is a word-for-word flow-down of the prime contract mod. I understand the Government can cut our funding anytime, but can they really direct which days of the week we work? For example, we have one employee who has a two-week vacation planned in September, but that time will not go toward her 20% cut because it's not only on Friday. I have tried to research the FAR about this, and I have not been able to find anything. I appreciate any FAR or other law references you can provide to help me understand how this is ok (or not). Thanks. 12.0 STATEMENT OF WORK ADDENDUM Notwithstanding any other provision of this contract, in the event that the Government reduces operations pursuant to a furlough of civilian employees of the Department of Defense, the level of effort for this contract or task order established in SEA 5252.216-9122 LEVEL OF EFFORT (DEC 2000) shall be reduced for the tenure of the civilian furlough. The level of effort for this contract or task order during the civilian furlough period shall be expended at an average rate of 2346 (80% of 2932) hours per week. The contractor is not required to remain on standby and should take every effort to minimize its overhead costs during the reduction. At the conclusion of the civilian furlough period, the level of effort will revert to the prior rate. The contractor will not be required to immediately revert to the prior level of effort, but rather will be allowed a reasonable amount of time to revert to the prior rate. During the civilian furlough period, unless otherwise authorized by the contracting officer, the work schedule will consist of an 8-hour work day Monday through Thursday. Therefore, Friday will not be part of the work schedule. At the conclusion of the civilian furlough period, the work schedule will revert to the prior established schedule, if any. This revision to the normal work week is not the result of an Executive Order or an administrative leave determination.
  3. In a fixed price construction contract procured via FAR Part 15 procedures, who owns the float in the schedule? The contractor's schedule submitted after award and accepted by the government showed an early completion date for the work. The contractor maintains that they own the float in the schedule, meaning that time between their planned completion date and the completion date of the contract. A little internet research tells me that the commercial market place has three schools of thought: 1. The contractor owns the flow; 2. the owner owns the float; and 3. the project owns the float. I did not readily find a discussion of float on federal contracts, but my guess is that the owner (government) owns the float and that the contract completion date or period of performance (POP) would not be extended until the critical path of the accepted schedule exceeds the contract completion data or POP, provided the delay is an excusable delay or the government-requested changes impact the critical path. If anyone has experience with this or thoughts on the matter, please share.
  4. All I received a CPARS that was not so favorable. I schedule a meeting with the contracting officer and discussed and most of the rating areas we were able to get worked out. The one area for which we couldn't reach agreement was schedule. During the rating period there were quality issues identified during production related to parts received from a supplier during the last three months of the contract. We identified the problem with the part and notified the government right away that there was an issue and that we were performing root cause analysis and finding a work around but that this issue would delay deliveries. We found an agreeable work around and submitted a revised schedule which basically pushed everything out 30 days. We asked for and received a schedule modification in accordance with the plan and offered/paid consideration which was accepted by the government. At CPARS my company received a "marginal" rating on schedule because of this. My argument is that we delivered to the modified schedule. Since the contract was modified there were officially no late deliveries. The government contends that for legal purposes the deliveries were on time but the modification to contract doesn't erase our late deliveries from their memories which allows them to rate accordingly for CPARS. I responded then that there is very little incentive for a contractor to pay consideration for date changes if they still get dings on past performance. Additionally, the government PM argued that the marginal rating was given because the issue effected all of the contracts remaining deliveries. I informed that given the number of remaining months to contract, and our maximum production capacity, there was no way for us to recover without impacting the balance of the schedule. For example. Say the contract was for 85 units per month and our maximum capacity was 100 with no fails or reworks, it would be impossible for us to get back on schedule with only 3 months remaining on the contract. Even if everything went perfectly, the best we could do is shave two weeks off the final delivery month. The entire argument seems illogical to me. The CPARS has been revised but this schedule ding remains. It just doesn't seem right to me. Is there any reference on schedule ratings when there have been delivery date changes.
  5. GSA eBuy RFQ -- Limited to SIN Vendors? I posted a RFQ on GSA e-Buy recently, under SIN 899-1 (Environmental Services), released to all 667 SIN 899-1 schedule contractors (we don't have a preferred source and we're really interested in competition) -- a firm asked me if it could provide a quotation even though its schedule wasn't listed under SIN 899-1 -- I haven't faced this question before, and I can't find a good answer in FAR Subpart 8.4. Is a RFQ citing SIN 899-1 open to all GSA schedule contractors? Or only those who are listed under SIN 899-1? This is a requirement for services requiring a statement of work. We wondered among ourselves which SIN to use, and we picked 899-1 because it is the closest match, not for any desire to limit competition or exclude other GSA schedule contractors. [Oh, my -- I misspelled vendor in the thread title, and I don't know how to correct it!]
  6. Good Morning. I have long consulted WIFCON when researching questions/topics, but this is my first post as a registered member. Glad to be an official part of the community! My company is planning on breaking up our existing structure and creating several subsidiary organizations all tied to a parent organization. They will be independent subsidiaries, not divisions or departments. Some people in our company believe that the subsidiary organizations will all be able to continue to use the same GSA Schedule (currently on 70 and MOBIS) that will be help by the parent organization (ie, multiple subsidiaries all using the same schedule). Others believe that, since a subsidiary is supposed to be independent of the parent, our current GSA schedules will have to be novated to one of the subsidiaries and each subsidiary will need to obtain their own schedules (ie, no sharing of GSA schedules among parent or subsidiaries). We plan on reaching out to our GSA contracting officer in the future, but I'd love to know if anyone has had any experience with this situation.
  7. Good Morning. I have long consulted WIFCON when researching questions/topics, but this is my first post as a registered member. Glad to be an official part of the community! My company is planning on breaking up our existing structure and creating several subsidiary organizations all tied to a parent organization. They will be independent subsidiaries, not divisions or departments. Some people in our company believe that the subsidiary organizations will all be able to continue to use the same GSA Schedule (currently on 70 and MOBIS) that will be help by the parent organization (ie, multiple subsidiaries all using the same schedule). Others believe that, since a subsidiary is supposed to be independent of the parent, our current GSA schedules will have to be novated to one of the subsidiaries and each subsidiary will need to obtain their own schedules (ie, no sharing of GSA schedules among parent or subsidiaries). We plan on reaching out to our GSA contracting officer in the future, but I'd love to know if anyone has had any experience with this situation.
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