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Everything posted by contractor100

  1. Where in 19.7 does it say that a contractor cannnot report work in eSRS or on a 294 against its subK goals if the subcontractor it contracted the work does not perform the work?
  2. Why? Please cite a requirement the small business has to do the work. This is not a setaside, with a participation requirement. Unless there has been a novation of the contract, with the asset transfer, the questioner still has a contract with a small business, doesn't it? Also, the small business does not have to flow the subK plan down to the large business to whom it subcontracted.
  3. This section does not cover when a prime must require to adopt a subcontract plan. That is covered in 19.704(a)(9) (a) Each subcontracting plan required under 19.702(a)(1) and (2) must include? (9) Assurances that the offeror will include the clause at 52.219-8, Utilization of Small Business Concerns (see 19.708(a)), in all subcontracts that offer further subcon- tracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction) to adopt a plan that complies with the requ
  4. Wouldn't this mean that there will be more competition on Recovery-Act funded GSA schedule orders, since 8.405-2©(4) and (5) require CO to provide RFQs to anyone that asks, for buys for "services requiring a statement of work" - and to evaluate their responses? Mightn't COs get more requests for RFQs as a result of the now required presolicitation notices?
  5. They took the language out, here's final: SEC. 1610. (a) None of the funds appropriated or othenvise made available by this Act, for projects initiated after the effective date of this Act, may be used by an executive agency to enter into any Federal contract unless such contract is entered into in accordance with the J1'ederal Property and Administrative Services Act (41 U.S.C. 253) or chapter 137 of title 10, United States Code, and the J1'ederal Acquisition Regulation, unless such contract is otheI'\vise authorized by statute to be entered into with-? out regard to the above referenced stat
  6. 8(a) has heard informally that another 8(a) has been awarded a sole source contract for work the 8(a) would have liked to bid. 8(a) does not know the size of the award, or even know positively the award has been made. 8(a) believes the contract could not have been awarded for less than $3.5 M unless it had been split into unreasonably small units. 8(a) wants to protest, either: Contract was over $3.5 and should have been competed Contract was under $3.5M because it was spit up, bad faith on part of government, etc etc Regardless of the likelihood of success of such protests, what event trigge
  7. Verbatim quote I have received from a CO: "RFQ's and/or RFP's are interchangeable words within the procurement field."
  8. Why do you say the regs require this? 52.219-9(d)(9)says the subcontract plan must be included in "subcontracts that offer further subcontracting opportunities"
  9. Issue a letter contract? I guess so. I had always thought only T&M or FP contracts could be issued under 8.4. Because all the actual GSA contracts I have seen say that only such contracts can be issued. But when I looked at 8.4, at the beginning of this discussion, to see whether IDIQ contracts could be issued, I did not see any proscription on issuing any kind of contract. So I guess anything but a cost type contract could hypothetically be issued. Hah.
  10. I have always wondered the same thing. Another related question. Does a schedule holder that does not sell any fixed price services or supplies ever have to accept an order? See 8.405-2. For services not listed at a fixed price in the schedule holder's contract, ordering activities must provide an RFQ, with eval criteria, get 'responses' and evaluate per the criteria. So it seems that any schedule holder could effectively refuse an order by quoting an unreasonable price.
  11. But you think Part 8 says government cannot issue an IDIQ on GSA schedule, even if the task orders are limited to fixed price or t&M? I just don't see where part 8 says that.
  12. The CO has specifically and repeatedly stated she is not issuing a BPA. "This RFQ will not be used to award a Blanket Purchase Agreement (BPA) but rather an Indefinite Delivery Indefinite Quantity (IDIQ) contract. " Are you sure an IDIQ can't be issued on GSA schedule? I agree with you that it is more usual to award a BPA. Also many GSA contracts state only fixed price and TM/LH contracts can be issued. It seems 8.4 says that, on MAS schedules, services are priced on an hourly or fixed price basis. I don't see how that would preclude issuing an IDIQ task order on which only hourly or fixe
  13. Apologize for the little faces in the cite, they are accidental.
  14. Thank you for your input. Next question. Below I have pasted section 805 of the Defense authorization act for 2008. See ©. Assuming none of the exceptions applies, can a Defense service activity issue time and materials task orders against an IDIQ they have labelled "FFP" because the individual rates are fixed? Surely not. The task orders are contracts? SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES. (a) Regulations Required- Not later than 180 days after the date of the enactment of this Act , the Secretary of Defense shall modify the regulations of the Department of Defense for the pro
  15. A Defense entity is issuing an IDIQ contract against GSA schedules. The entity has stated the contract will be commercial, and the RFP includes FAR 52.212-4 -- but not Alternate I, for T&M contracts. The CLIN for labor is labelled "FFP," and reads as follows: "FFP - The contractor shall furnish all labor necessary to accomplish services in accordance with the RFP on each individual IDIQ task order. Payment will be based on hours worked." Vendors have asked the government what kind of task orders will be issued under this IDIQ - fixed price or T&M. Here is the response. "This o
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