Contract time

Colleagues: The agency is contemplating issuing multiple BOAs/BPAs for a routine service with a routine deliverable (a report) where the agency wishes to name the price, based on market research, such that pricing is consistent across the country and the actions are easier to administer. Do you see an issue with the approach, where the government says, “We are paying X rate per hour or X rate per action,” as opposed to requesting each potential holder to provide their firm’s rate? Thank you!

Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis? My thought is “yes,” but I have not yet found a definitive authority on point. Any thoughts are appreciated. Thank you!

Colleagues: My issue is: Whether an agency may issue a letter, and subsequently require an employee to pay an unauthorized commitment it will not ratify. My initially thought is no. I am unaware of any authority where an agency can require an employee personally pay for an unauthorized commitment for which the agency will not ratify. Of course, the contractor could pursue payment for the employee who entered into the unauthorized commitment, but I do not see how an agency can require (or really even issue a letter to) an employee to pay. Any insight would be appreciated. Background facts in case anyone is interested: The Agency completed a Justification for Other than Full and Competition (JOFOC) for purchase of a specific vendor-offered course. The contractor informs Agency Employee #1 that the course is full and offers another course (not approved on the JOFOC) that costs the same amount. Agency Employee #2, asks contracts, "Can we substitute the second course for the first," and the contracting officer (CO) says, "no." The CO says a JOFOC was not approved for the second course. Agency Employee #2 goes ahead anyway and substitutes the first course (the JOFOC-approved course) for the second course (the course that is not approved). A ratification request was completed by Agency Employee #2 and he agency is in the process of denying the request. The denial is based, in part, on FAR 1.602-3(c)(3), in that "[t]he resulting contract would [not] otherwise have been proper if made by an appropriate contracting office." The thought is, the JOFOC was approved for the first course and not the second course. Also, FAR 1.602-3(c)(6), because, "[f]unds.. were [not] available at the time the unauthorized commitment was made. A check was made with budget and funds were not available at the time the commitment was made. However, funds were obligated on the order/contract which were intended for the first, approved course, so there is an argument that funds were indeed available. Again, any thoughts are appreciated and thank you in advance for your help.