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Freyr

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  1. A Part 8 BPA, the hours would be used just to develop a total evaluated price to ensure the total price is fair and reasonable and compare the proposals on price for any tradeoffs we do.
  2. I have an upcoming requirement for a BPA and was thinking of using the "ROPE" technique for pricing. Has anyone used this technique as described on the PTIA? https://acquisitiongateway.gov/periodic-table/resources/4934 Their description talks to not providing the estimated number of hours with vendors but every example they show has worksheets with estimates. I'm curious what everyone's experience is with asking for just the rates and not providing estimated numbers of hours. Does this really make anything easier or better?
  3. If I have a Multiple Award IDIQ where only one vendor has rights to provide a certain brand name product, determined to be vital to the requirement, but in the open market there's several other vendors who have rights to provide the same product would this be subject to just 16.505(a)(4) or also subject to 16.505(b)(2)? My concern is that if it's subject to 16.505(b)(2) I'd consider it under the exception "(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized." However, I'm not sure the bolded part applies if there's other open market vendors who can provide this.
  4. Came across the attached article today regarding fixed unit price contracts, it seems that the experts at VAO contend that FUP isn't a thing in federal acquisition and suggests using T&M/LH instead. I've seen the various articles on here that say otherwise and I know Vern has written an article though I don't have access to it. Curious what this forum thinks of the article and if their thought process is compelling at all... VAO-Fixed-Unit-Price-Ceiling.pdf
  5. I feel like I'm missing something very basic here but FAR 13.500(a) only allows us to go up to $15M however FAR 13.501(a)(2)(iii) and (iv) prescribe how to get approvals up to $75M or $100M for DoD/CG/NASA. If we're only allowed to use FAR 13.5 for up to $15M, why would we there be language on how to get approvals above that amount?
  6. Not sure if this is the right subforum but does anyone have experience or knowledge of how their organizations track CPARS as an organization? I'm mostly interested in seeing the quarterly or monthly changes in status (what's added, what's been done, etc.). I know you can get spreadsheets but is there an easy way to compare say a spreadsheet I get now to one I get next quarter and then the quarter after?
  7. When I was with DoD we used to require balance sheets and other data, Don provided a good answer here: http://www.wifcon.com/discussion/index.php?/topic/4097-reponsibility-determination-far-9104-3a/ Typically their technical proposal responses were used for much of the other criteria of responsibility. A non-DoD office I was at used to request data on an SF 1407 for high dollar requirements and have them provide written confirmation that they met the other requirements for 9.104-1(b)(e)(f)&(g). Admittedly, for SAP/low dollar buys we would not perform a responsibility determination other than checking SAM for exclusions and require statements from the contractor that they certify they were able to perform.
  8. If we have a commercial requirement that includes travel/lodging and is anticipated to be entirely FFP and not on GSA schedule, do we have to require the contractors to propose that travel/lodging in accordance with the JTR/FTR? I have a branch chief that's tell me that all travel/lodging must always be at or below the GSA per diem rates in accordance with the JTR (pretty sure it's the FTR that applies since it's CONUS but whatever) due to FAR 31.205-46 but I thought this only applied to cost contracts, not FFP.
  9. As far as qualifying for a total small business set-aside, does it matter if they're a JV or a prime/sub (other than MPJV)? For some more context, a lot of the questions we've gotten have been complaints about us "allowing" MPJVs to submit proposals and requests for us to allow small businesses to form JVs and prime/sub CTAs outside of the MP program with large businesses and submit proposals which I don't believe we have the authority to do.
  10. My CO and I have a solicitation out for a Multiple Award IDIQ for consulting services (541611), estimated at around $9M, that is a total small business set-aside. We've gotten a lot of Q&As lately asking us if they can team with large businesses for the purposes of submitting a proposal using the large business past performance, resources, capabilities, and whatnot. My understanding is that this is not permissible under a total small business set-aside because FAR 19.001 defines a concern as "Concern" includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. Then FAR 19.301-1(a)(i) says that the concern has to meet the size standard under the NAICS for that solicitation. Ignoring the exceptions to affiliation (like MPJVs), is my understanding wrong? Can a small business go out and find large businesses to team with, use their experience and qualifications, and submit a proposal for a total small business set-aside?
  11. I've recently been informed by our COR that apparently our contractor has been rotating personnel on our contract every few months after an employee receives their security clearance, allegedly so that the contractor can have a larger cohort of cleared personnel for use on other contracts and opportunities. The COR hasn't identified any performance issues with this, however his management has stated that it's costing our organization a significant amount of money to process all these clearances/investigations/screenings through DCSA. Does anyone have any experience with this kind of issue or have any suggestions on how to approach the problem?
  12. This contract is for one job to support a migration from one system to another. Some of the tasks include creating a migration plan, draft necessary waivers, and assist in development of other specific documents. Like @ji20874 mentioned part of the issue, and I think this is where my CO has the most concerns which I do understand, is that it seems we're buying employees to work on tasks which may or may not have firm deliverables or outcomes. In this case, our one deliverable is a weekly status report (though I'm trying to see if we can't change that to something more tangible).
  13. I think those references require us to have a fixed hourly rate which is what we'd have but it doesn't require a set number of hours, we just wouldn't break it down by how many hours each task would take in the task order. I think not restricting the hours for each tasks gives the contractor some flexibility to perform the task in however many hours it takes to perform each task. If we stick with the cuckoo clock example, what if we have : 001 Clean Wall, Hang and provide O&M for cuckoo clock (Ceiling Price for all work $XXX) 001aa Laborer - Clean Wall - 5 hours @ $XX per hour 001ab Laborer - Hang clock - 10 Hours @ $XX per hour 001ac General Maintenance Worker - 500 hours @ $XX per hour 001ad Materials - At cost + XX% What if Clean Wall takes only 3 hours, but Hang Clock hits 10 hours and the work isn't done? Wouldn't they need to stop working, then Government would need to inspect and not accept the work as incomplete? Or am I reading FAR 52.212-4 Alt I wrong? I would say that putting the number of hours doesn't really provide any value in this example but may hinder the contractor's ability to get the work done within the ceiling price. It might be useful for some other situation, though I'm not sure what that'd be. I guess I'm just having a hard time seeing what the point is of including hours in the contract.
  14. My CO tasked me with working with our customer to set up a CLIN structure for a commercial T&M requirement. I feel I followed all the requirements of the FAR in doing so but they're not saying that we have to structure it based around labor categories and hours vs tasks (which is how I had it set up). They expected it to be structured as CLIN 0001 LCAT #1 1,000 hours at our IGCE rate to create a ceiling for that CLIN while I have it set up as CLIN 0001 Task #1 and expect the contractor to propose LCATs, a rate, and a ceiling for that CLIN (I suppose the CLIN itself doesn't need a ceiling, or does it?). Their concern is "how are we going to administer this without a ceiling on hours?" which I don't understand. My answer was that the COR would follow the QA Surv Plan, contractor would invoice and explain the tasks accomplished per the PWS and break out the hours, LCATs, and rates. Apparently this approach is "too risky" and will "complicate invoicing." What am I missing here? My CO doesn't seem willing to discuss any further and just wants me to change it.
  15. I'm curious about both the reasonableness of this (which you and Vern spoke to well) and the realism aspect of it. Realism should be what we, the Government, expect to pay to the contractor for the requirement right? So if we expect something should cost $100/hr but the contractor hires someone for the job and pays them $50/hr, a reasonable person might expect that $50/hr to go up during performance at some point right? Assuming there's no good explanation on why they're paying them $50 when we thought it'd cost $100.
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