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Member Since 08 Dec 2008
Offline Last Active Mar 26 2015 02:17 PM

Posts I've Made

In Topic: Prohibiting Contractors From Proposing as Prime and Subcontractor

06 March 2015 - 09:02 AM

Thanks for the input Jacques. Based on the research I did, I could find nothing that prohibited restricting a prime from also being a sub to another prime in their proposal. But you did bring to light some interesting information with FAR Subpart 9.6. You bring up a good question regarding, "Can a sub team with multiple primes?" I also asked myself that same question yesterday. While doing my research I did find some GAO case law regarding subs teaming with multiple primes. These cases generally involved the requirement for Certificate of Independent Price Determination (FAR 52.203-2), and allegations of price collusion. I think Don asked the question that gets right to the point; What would be your justification for including the restrictive provision? My recommendation to my boss was that we not do it, unless we have some valid reason to do so, which I do not know about.

In Topic: Prohibiting Contractors From Proposing as Prime and Subcontractor

05 March 2015 - 11:33 AM

Thanks for the input Retreadfed.  This requirement is for IT support services. We expect ro receive numerous proposals, so I do not expect that we will receive a proposal from a vendor as a prime, who would also be the sub on a large number of the other proposals. Therefore adequate price competition should not be an issue. 


I asked my boss why would we want to prohibit a vendor from submitting as a prime, and also be a sub on a different vendor's proposal, and her response was , "why would we not want to prohibit it?"; find some justification to prohibit it.

In Topic: Prohibiting Contractors From Proposing as Prime and Subcontractor

05 March 2015 - 11:13 AM

Thanks Joel. We have thought about the conflict of interest issue, but isn't that a contractor issue for them to sort out, versus something the government needs to be concerned with?

In Topic: Authorities Delegated to COR

10 February 2015 - 09:31 AM

If I was a COR and I saw a contractor employee doing something that could cause injury to themselves or others, I would tell them to stop work, and then contact the CO.  Whether that is permissable or not I would worry about later. I wouldn't allow policies and procedures to stand between me, and doing what is right. Doing the right thing is sometimes more important than doing things right. I acutally had this happen many years ago where I witnessed contractor employees on a contract (not construction) I was COR for, working in a confined space without having the proper prootective equipment, or the equipment to test the combined space for hazards. I verbally ordered the employees to to stop work and get out of the manhole until they were later told differently. They did get out, and I went and informed the CO immediately of what I had done.  He agreed with my course of action, and issued an "official" stop work order in writing.

In Topic: FAR 13.104(b)

29 January 2015 - 08:37 AM

As I understand the scenario as presented by JDYoung, and I have seen people do this before, you have a requirement for an item and you ask vendors who you know don't sell that item if they will give you a quote, of course the vendor tells you that they don't sell the item, so you ask them to send you a "no bid" or "no quote", and you then consider that "no bid" as a quote.  Here is a specific example. You have a brand name requirement for a Dell lap top.  You get a quote from Dell for the lap top.  You then go to 2 other vendors who ypu already know are not Dell authorized resellers, and do not sell Dell lap tops.  You ask them to send you a "no bid", and then say you solicited from 3 vendors, and only got one quote.