jtolli

In my experience it has always been standard practice for potential new contractors to attempt to recruit incumbent contractor employees to come work for them if they get awarded the contract.  This is nothing new.  I would guess most incumbent contractors have come to expect this to happen.  In fact I have seen some instances where incumbent contractors have their employees sign no compete agreements in an attempt to prevent their employees from swtiching over to a competitor who they will most likely compete against for the contract requirement. Also keep in mind that it is entirely up to the incumbent contractor employee whether they wish to go to work for a new employer (contractor) or stay with their current employer.  Again in my experience, employees working for small contractors usually will be very interested in keeping a job and going to work for the new company. A lot of the big companies however have work elsewhere that they can move their employees to. But again it is up to the employee to decide what is best for them.

GoGoldPA, on 15 March 2013 - 12:12 PM, said:

So if the maintenance is under SIN 132 34, then it seems to me like you have a contract for both a supply (software) and a service (software maintenance).  After all, SIN 132 34 is "software maintenance as a service" and the maintenance piece should not have been invoiced for full payment, but should be billed in arrears.  Although I realize the contract CLIN(s) may have been set up for full payment.  I have certainly seen that done, but it doesn't make it right.

What is the GSA SIN?  Do a search on the GSA Ebuy website for "sin 132 32".  Not sure how to provide a link to the results, but here is what you will find:

"(SIN 132 32) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for users self diagnostics. Software Maintenance as a product is billed at the time of purchase.

(SIN 132 34) Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324."

Thanks for all the responses. I guess I did understand the question, but did not understand why we have always answered it "no". Your inputs helped me realize that we should be answering this "yes" as our contracts do directly support the integral mission of the organization.

I deal with a lot of software (and software maintenance) buys, it is is pretty common for companies (especially big companies) not to provide option year pricing unless you are willing to pay for more than a year of service in advance, which wouldn't be an option.