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Unique Procurement - Opinions Requested


mPhilly127

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Hello fellow 1102'ers,

I just wanted to reach out to everyone and see if I can get some ideas... I have to be somewhat vague about this procurement due to its nature (not classified), but I'll be as specific as I can be. I have a customer in the field who is a building manager... one of the tenant agencies requires temporary security bollards around the building (crowd control barriers, rented). The issue is that we don't know exactly when they will need them, and the requiring agency can't divulge it at this time due to the unique nature of their work... the need for these barriers revolves around a pending case that's been in the national news. When they are ready to make an announcement about the case, they want these barriers in place about 24-48 hrs ahead of time. As I was saying, we aren't sure when the need will be, but we will supposedly have 10 days notice from the customer agency ahead of when the barriers are needed. Given the gov't estimate, I can utilize simplified acquisition methods, so I'm going to do that and solicit a minimum of 3 firms local to the area where the bollards are needed. I've identified seven possible sources as of now, but only one is registered within sam.gov, so I will need to ensure that all of the contractors solicited understand that they need to be registered by a certain date or time in order to be eligible for award. Also, I plan to utilize LPTA source selection for efficiency's sake. The main thing I'm wrestling with is how to approach the unknown timeframe within the solicitation and contract. We can likely include verbiage that we will give the contractor a few days notice when the bollards are needed, but beyond that, I can't even narrow it down to a small timeframe (weeks or months). My best guess is that it will happen in the next 3 months, but that's a total guess. Any ideas or other suggestions out there?

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If SAP can be used, then I would synopsize the requirement if not excepted by FAR part 5, and request quotes, letting interested firms know the uncertainty regarding the date the barriers are to be installed. I also include a requirement in the RFQ and purchase order that they be installed within a certain number of days or hours of being notified they are to proceed.  I would make sure the contractor signs the PO accepting it, so they could not reject the offer to purchase at an inopportune time.  Also, if your using the SAP procedures I would not use the LPTA process at FAR part 15 and instead follow the guidance at FAR 13.106.

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9 minutes ago, Todd Davis said:

If SAP can be used, then I would synopsize the requirement if not excepted by FAR part 5, and request quotes, letting interested firms know the uncertainty regarding the date the barriers are to be installed. I also include a requirement in the RFQ and purchase order that they be installed within a certain number of days or hours of being notified they are to proceed.  I would make sure the contractor signs the PO accepting it, so they could not reject the offer to purchase at an inopportune time.  Also, if your using the SAP procedures I would not use the LPTA process at FAR part 15 and instead follow the guidance at FAR 13.106.

Thanks, Todd. This acquisition will be well below SAT, and well below $25K for that matter, so I won't have to synopsis. That's also good because I would like to solicit only contractors local to that area so that mobilization is more feasible when they are given notice, not to mention, prices would likely be lower with local firms anyhow. Good point on having the successful offeror sign the PO. 

I've been a bit pidgeon-holed in recent years as far as contracting goes; I administer services contracts and only perform procurements maybe once or twice a year, and they're multi-million dollar ones, so the process is far more complex than a buy of this nature, but I'm still rusty with SAP. 

From what I read at FAR 13.106, CO's are given a broad authority in source selections under FAR Part 13... I was thinking utilizing a LPTA  would be the quickest/easiest way to go about it. I would also include something requiring the offeror to submit at least 3 projects of similar magnitude as references. Do you think there's a better approach?

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10 minutes ago, mPhilly127 said:

Do you think there's a better approach?

Use the evaluation criteria you think necessary to select the firm that represents the best value to the government.  I would just stay away from calling it a LPTA process or using any FAR part 15 terminology.

Also, see the article below by Vern Edwards regarding use of competitive processes in government contracting, especially the section "Simplified Acquisitions."

http://www.wifcon.com/anal/analcomproc.htm

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