creyes814

@Retreadfed and @joel hoffman- Sorry, I meant "cancel an RFP for a new task order".  I had wondered if there was a FAR reference to include in the cancellation notice .I only see FAR 15.206(e), which is more for a solicitation, not RFP request for task order.

We have a task order under one of our Multiple Award Service Contracts that will be canceled.  Is there a FAR cite reference or basis we can mention in the cancellation notice?  I only see FAR 15.206(e), which is more for a solicitation, not task order.  The FAR reference mentions canceling, issuing a new one, regardless of the stage of acquisition.  We just want to cancel the task order RFP . Any info is appreciated. 

Under a Multiple Award Service Contract we have a new requirement for a new Task Order with pre-selected Exhibit Line Items for base and options:
Do we award the pre-priced exhibit line items based on the lowest price for BASE ITEMS only?  Or do we award to the lowest OVERALL EVALUATED price (base including options)?  

Contractor 1 base item price is lower than Contractor 2 base item price.  But if you add up the base items prices and option items prices of both contractors, Contractor 2 total evaluated price is the lowest. 

The following option clause is incorporated in the task order award: 

52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the
Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

Are we allowed to provide the list of companies to a prospective vendor that have submitted a response to our market research?  A vendor asked if he could have the list of companies.

@joel hoffman- Thanks for your questions.  The FFP/IDIQ is  for Environmental services (Habitat Enhancement) under a MASC type contract.  The offerors were asked to propose unit prices and total extended prices for each Exhibit Line Item provided for a two-year base and two-three year option periods.  The spreadsheet provided to the offerors to submit their price proposal didn't contain any "quantities" or "formulas" for the contractor to enter their prices.     

Thank you for your response Vern Edwards.  This is how the options are structured in the Performance Work Statement: 



OPTION ITEMS

The Government reserves the right to unilaterally exercise the following Option Items within the performance period from the issuance date of the base Task Order or last Option Year, contingent on the availability of funds.

1.       Option 1 – Additional 560 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2022 - 1 March 2023) 1 X ELINs C019[VPLCNSE1]  and C220, 2 x ELINs C021 and C222 and 3 x ELIN C170)

Contractor shall conduct an additional 560 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 10 times.

2.       Option 2 – Additional 1,120 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2022 - 1 March 2023) (1 x ELINs C020, C171 and C221, and 4 x ELINs C021 and C222)

Contractor shall conduct an additional 1,120 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 5 times.

3.       Option 3 – Additional 560 Acres of Protocol CAGN Presence/Absence Surveys (Award 1 March 2023 - 1 March 2024) (1 x ELINs D019 and D220[VPLCNSE2] , 2 x ELINs D021 and D222, and 3 x ELIN D170)

Contractor shall conduct an additional 560 acres of protocol CAGN Presence/Absence surveys following field and reporting methodologies outlined in Base CTO. This Option also includes habitat surveys in conjunction with the presence/absence surveys, as described in section F.5. of this document.  Award of this Option does not result in an extension of the period of performance.  This Option may be awarded up to 10 times.

We have a Performance Work Statement (PWS) under a Multiple Award Service contract which includes six options.  For every option, there are 5 pre-priced Exhibit Line Items (ELINs).  Based on the PWS, options may be exercised as follows: Option 1 up to 10 times; Option 2 up to 5 times, etc.   Can an option —with a set of ELINs—be exercised up to 5 or even 10 times? 

Each time extension has been verified and required due to various Government delays and no fault of the KTR.  But I have never seen so many time extensions done to a task order and on top of that the basic contract is expired. Is it okay to have another time extension? The reason again is due to Government delays.

The time extension is required so the Contractor can complete all the remaining fieldwork, archival research and technical editing to produce a deliverable that meets the requirements of the scope of work and fulfill the legal requirements of the Memorandum of Agreement between the Navy and the State for California which depend on the deliverables associated with this task order. This task order is under a service type contract.  

@formerfed- Thanks for your response.  That's what I thought. I've located some sources sought notices in Sam.Gov which contain the dollar amounts, but I couldn't confirm this in the regulations.  

Are we allowed to specify the estimated dollar amount in a pre-solicitation Sources Sought notice in Beta.SAM.gov?  I couldn't find guidance in the FAR as to what content is allowed.  In FAR 5.207 Preparation and transmittal of synopsis, the content described for synopsis looks to be for "after contract award".   Thank you.  

Can you use combined a synopsis/solicitation for a new services IDIQ type contract? I see guidance in the FAR under part 12 and 13 for commercial items.  Nothing in FAR part 15.  Thank you.  

What steps can be taken if one of our Multiple Award Service Contractors is not performing up to PAR.  I remember years ago our office would issue a "Letter of Concern" to the contractor.  Any info is appreciated.  

@ji20874- Yes sir.  I didn't think an analysis was required but I told the CS to document in her write-up.  Thank you for responding. 

We are working on a new task order where the current option year of the basic contract will expire tomorrow.  The contractor has agreed to honor their current option year price for the task order even though the new option year will reflect a slightly higher price. Would accepting the contractors current option year price be in violation of the contract terms and conditions?  

Isn't there a FAR clause or policy that says if there is an IDIQ contract vehicle that fits a particular NAICS code or type of work they have to use those services? 

Is a subcontracting plan still required for a large business if the contractor performs 100% of the work? Is a waiver required if not? I couldn't find the answer in the FAR 19.704. 

Thank you.  

Yes I am. You were a great mentor to me at SWRMC, and you still are.  Good to hear from you.   

Thank you Don. It's not spelled out in our NAVFAC BMS, NFAS or the NMCARS. 

v/r,

Christine Reyes

Can the Source Selection Authority and Contracting Officer be the same?

On ‎7‎/‎11‎/‎2019 at 4:39 AM, joel hoffman said:

My post disappeared for some reason...

The USACE is one of the largest government agency users of A-E contracting. 

Pepe the Frog asked: “Why do you think this is unacceptable? What citation would you or the COR use to prove it is unacceptable?“

Here is a link to Engineer Pamphlet EP 715-1-7, “Architect Engineer Contracting in USACE.”.  It describes the entire life cycle process, including a sample statement of work, sample request for price proposal,  discussion of the negotiation process including technical analysis, fact finding (pre-proposal) meeting(s) , etc., etc.

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_715-1-7.pdf

The PM can provide their input to the IGE and might be involved in its preparation and with discussions, etc. 

But the government should not tell the contractor how to perform its design or dictate the number of hours for each activity in the statement of work - which is to provide the project technical requirements and various statutory and regulatory constraints, etc.



 

Thank you for your input! This is very helpful! 

9 minutes ago, ji20874 said:

Right!

Yes, right!

38 minutes ago, Retreadfed said:

This doesn't tell the contractor how many hours to propose.  It only places a limit in the number of hours that may be proposed.

I didn't think there should be any hours at all. 

1 minute ago, ji20874 said:

Maybe the program manager doesn’t really want a stated definite goal (or target) and specified end product (or outcome).  Maybe he or she only wants for the contractor to devote a specified level of effort for a stated period of time.

You do have a point!