Whynot

Is there something more than a pre-solicitation market survey to determine if there is a commercial item that can meet the need that would validate that the expense and effort of a Mil Spec is necessary?

Thanks for the insights. What would prevent an agency today from creating a Mil Spec type requirement for a hammer over that of a commercial hammer? Other than the direction to use commercial items where possible, what would prevent a Mil Spec hammer form being needed?

Are there statutory or regulatory prohibitions on the Federal Government purchasing in excess of their minimum needs or requirements? If so, where can I find reference to them. Thank you.

I presume that we can make our own assumptions with regards to orders vs units (i.e. 1 order for a 100 units or 100 orders for 1 unit each) and for the number of customers placing orders (i.e. 1 customer with 100 orders or 100 customers with 1 order each) and that on-time probability applies to the entire order and not to an individual unit within an order; and that what is best for the government means what is best for any one individual customer’s cost or budget.

I know I used up my three strikes. Didn't the forum agree that you can't do an IDIQ within an IDIQ. There are multiple threads - here is one: http://www.wifcon.com/discussion/index.php?/topic/3195-can-you-do-a-gsa-fss-mas-delivery-order-as-a-idiq/&tab=comments#comment-28540

The concept of minimum hours is not applicable to a T&M contract.There is no minimum and having no minimum does not mean that the minimum is zero but that it is not applicable.

I think the T for C recovery calculations are off: DMI, however, could not know that 4583 or even 3437 hours was far beyond the number of hours of services actually possible. This statement should have supported recovery of subcontrctor costs Also the G&A and consequential limitations are off - G&A has not been recovered through the labor and diect damages are allowed

I was hoping for some support that a Commission Agreement did not meet the definition of a Subcontract - say per 19.701.

The prime is trying to flow down clauses to me. I have not accepted any of them. It is a constant battle.

I am a sales agent that gets paid commissions from the Prime when I bring in orders for products and services off of one their IDIQ schedule contracts – such as a GSA Schedule. Do flow downs from these schedule contracts apply to me? In a small business subcontracting plan would my commissions be included when reporting subcontracting dollars? Is a sales agent a personal services contract?

As a subcontractor, I will be performing exclusively as a sales agent of the prime (selling the prime's products and services to the customer). I will not be reselling, or providing any products or services being resold by the prime to the customer. How can one easily filter the prime contract clauses for those that applicable to a subcontractor sales agent?

Maybe the labor rates can be at fixed unit prices in the BPA and parts can be reimbursed at cost plus an fixed administrative fee percentage in the BPA. You can issue blanket POs that vendors can draw down against at these fixed prices.

It sounds like the first original CPFF contract is still ongoing. The government paid for the facility and equipment. The contractor currently has title to those assets. When that original contract ends, the contractor would likely have to transfer those assets to the government per the terms of the contract. It sounds like the contractor wishes to bid on a separate and second contract and wants to use those assets in performing that second contract. Does the contractor have the right to use those assets on another contract while the original contract is ongoing, and if so, does the contractor have to identify the government interest in those assets in the proposal for that second contract? If this is the case, I would get explicit written permission to use those assets on the second contract from the original contract, and second, I would disclose the status of those assets in the proposal for the second contract.

I hope you put some disclaimer in your "invented" estimate. If the government awards based on your false estimate, as found out by a protest from a losing bidder, or other means, you set yourself up for a potential false claims.

Maybe this a task order RFP under a schedule or IDIQ - and the government just wants to see how you got to your offer using established contract labor and rates.