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About KeithB18

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  1. I had my whole organization take the class in October 2019. The most common piece of feedback is what Don typed above. I was disappointed that those folks missed the point, to say the least. I'd guess that less than 50% of the 1102 community actually wants to do more than cut and paste. (And sometimes cutting and pasting is fine; but it is never very interesting or intellectually engaging.) I thought the class was good to very good. Our instructor could have done a better job making it more of a conversation--there were long periods where he just read the material to us. That said, I enj
  2. My initial interest was a scenario that I think is specifically prohibited, "operational delays." Depending on your appetite for risk, even if you thought you had a 90% chance of prevailing at GAO, you may choose to settle, if settlement were a real alternative. So the settlement offer would be something approximating what GAO would tell the agency to pay when the agency loses a protest. Another scenario that I'm thinking about is a situation where an agency writes a solicitation provision that it can't comply with but doesn't realize it until after proposals are received. But really
  3. If anyone is interested, while I was researching this morning, I found a reference to "Fedmail" in the RedBook chapter 3. "Occasionally, an agency may pay money to protestors to withdraw protests simply so that the agency may proceed with its procurement operations. This practice is known as “Fedmail.” GAO, ADP Bid Protests: Better Disclosure and Accountability of Settlements Needed, GAO/GGD-90-13 (Washington, D.C.: Mar. 30, 1990), at 8, 30; Maj. Nathanael Causey and others, 1994 Contract Law Developments—The Year in Review, 1995 Army Lawyer 3 (1995), n. 50. Typically, the payment is for
  4. A thought came to my mind yesterday and I wanted to bounce it off the smart folks here. Scenario: Source selection has concluded for a nine figure procurement. There are only two offerors, afferor A, the incumbent, and offeror B. Offeror B is the apparent winner. Immediately after award, could the government enter into an agreement with offeror A that, in return for a one time lump sum payment, offeror A would forgo its right to protest to GAO or COFC? Additional questions: - Could the government do this under Alternative Dispute Resolution at 33.214? - Could the government
  5. I shouldn't have included that line regarding CPARS--pure speculation on my part. They didn't tell us why they planned to provide gratuitous services.
  6. Thank you for sharing your knowledge here. Based on what has been said here and some additional research on my end, I am comfortable receiving the "gratuitous" services. I'm not overly concerned about the lack of contractual enforcement of specifications and clauses--it hasn't been the sort of work that those things have come into conflict. What I don't think make sense is to issue a modification saying that the contractor is going to provide $xxx,xxx in "gratuitous" services as that would imply that the terms and conditions of the contract cover the gratuitous portion. Confirming via email se
  7. I'm trying to broker a compromise based on this. If we fund it but the contractor never invoices for it, great. No worries. The funds are two year money so as long as we do our jobs efficiently, the un-invoiced for funds will got back to the program office. In short, we can't make them invoice for hours they don't want to invoice for. This is an issue I'm working. Will update the thread if I can get to resolution.
  8. I had a strange variation on this theme arise this week. A contractor notified a contracting officer as required, but stated that even though they expected to overrun the ceiling price (T&M type GSA order) by $six figures, they were not requesting additional funding and planned to finish the effort (about six more months of effort) within the ceiling price. I know a good deal when I see one--the contractor here is effectively eating some costs in order to receive a non-negative "cost control" rating in CPARS. (The total order value is in the low eight figure range.) However, another C
  9. For question 2: - If you are a jerk in your interactions with the contracting officer you could run into problems. - I've had vendors ask me so many questions that I felt like they wanted me to write their proposal for them. Even the most clearly stated RFQ/P will be interpreted in different ways so I think prospective offerors just have to live with a certain amount of ambiguity. The CO is probably not going to be able to make it perfectly clear for everyone. - I dislike answering questions that can be answered with publicly available data. FPDS and FBO are your friend. Questio
  10. We've been calling it Hit-Rip (HTRRP). Not sure it is better than anything else, but it is something.
  11. The most fun I have ever had in contracting is when I did construction contracting years ago. So for me, that would be a big draw. I don't share the love for DOD that others here do. I was active duty for four years and supported DOD agencies as a civilian for 4 additional years and I strongly prefer civilian agencies. There is significantly less bureaucracy outside of DOD which I feel like helps me get my job done without excessively focusing on box checking. Best of luck in your decision.
  12. I would recommend against getting involved with Kickstarter unless you know the person asking for funds personally. A few years ago I was burned for a not insignificant amount when the person that posted the kickstarter failed to deliver anything, even though the project received full funding. It's been a growing problem with kickstarter. If the project does receive the required funding, it will be eventually be available for purchase (typically at a much higher price). That's the time when I'd consider purchasing it on behalf of the government.
  13. I am obviously quite late to this thread but I wasn't turned on to this approach until I was lucky enough to have Mr. Nash teach a portion of a class I attended in April. (He was really enthusiastic about it.) I am planning on using it for a rather large IT services procurement (~$300M over five years)*, but predictably enough, I'm encountering significant bureaucratic pushback up to the SPE level. I provided the Sevatac to the relevant people and have described the benefits of the approach. But I'm getting a lot of "we've never done this before" and "what do the lawyers think" and "this sou
  14. Vern, With much respect and as a person that has gone out of his way to see you speak, I think you are projecting your experience on the career field. I was active duty in the Air Force at LA AFB in the mid aughts for 3 years. I spent 18 months in a program office (GPS) and 18 months in the operational shop (61 CONS). I also did two, four month deployments during that time (Iraq 05, and Afghanistan 05-06). I bought zero things during my time in the program office--I attended endless meetings, mostly planning on ensuring that nothing actually happened. I was on an IPT of 50+ people. Contr
  15. I've been experimenting using existing data sets (FPDS and locally generated reports) to measure the performance of our contract specialists and our organization generally. Low level stuff really: How effective are we are spending appropriated funds throughout the year rather than waiting until the 4th quarter for execution? The idea is that organizations get better procurement outcomes when the contracting office has the proper amount of time to develop an optimal procurement strategy. Too often we get crappy SOWs dumped on us in August-September so we end up with crappy contracts. If I can u
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