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Commercial Item - Simplified Procedures - Postaward Notice
formerfed replied to brian's topic in Contract Award Process
Brain did not receive the order and does not know the basis of why he lost. As he said earlier, his price could be higher or lower than the source selected. -
Commercial Item - Simplified Procedures - Postaward Notice
formerfed replied to brian's topic in Contract Award Process
Acquisition guy, You need to read the decision Don referenced first. -
FBO Notices of Recovery Act Actions
formerfed replied to Gort's topic in Schedules, GWACS, MACs, IDIQs
contractor100, Yes, agencies should get more requests for copies of RFQs. How that impacts the agency likely is something difficult to answer. I assume since there is urgency in making awards, agencies will not be eager to extend RFQ closing dates so new firms will need to respond in compressed timeframes. It's difficult for a new company to effectively compete with sources that the agency is already familar with and probably know a good bit about the requirement before the RFQ is issued so many will just walk away. Even though FedBizOpp notices go out promptly, most companies have one person monitoring the response. By the time it reaches the appropriate person, many days have gone by. If the company wants more information, it takes a while to get in touch with the CO. If the comapny wants a copy of the RFQ, it's often too late to do anything with it. -
Picking up on Linda's point, another offeror's response may show a problem with the government's spec/SOW or an alternative approach that's more attractive to the government.
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FBO Notices of Recovery Act Actions
formerfed replied to Gort's topic in Schedules, GWACS, MACs, IDIQs
There is a lot of contracting activity planned. Part of the governmentwide $11 billion R&D effort is grants but a big portion is planned as contracts. GSA got $6.7 billion for construction and moderization of Federal buildings. HUD got $2.5 billion for construction - hosuing upgrades and energy efficiencies GSA got $600 million for Federal vehicles NOAA got $600 million for their satillite program. Social Security for $400 million for a new computer center. It's really very varied and involves lots of contracting. -
FBO Notices of Recovery Act Actions
formerfed replied to Gort's topic in Schedules, GWACS, MACs, IDIQs
I believe the public notice requirement is for transparency to show the public how the money is spent. I don't think it has anything to do with obtaining additional competition or adding complexity to placing orders under FAR 8.4. In other words, you can comply with the public order notice and tell anyone inquiring that the order has already been placed. -
You need to develop labor categories with associated definitions that are independent on the incumbent's descriptions. You can do a Google search or see what other agenices are doing through a FedBizOpps search. Establish a table of labor categories with matching requirements for minimum years of experience, functional responsibilities, and education. Have offerors do a cross-walk in their proposal of their matching categories on their GSA Schedule contract.
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The concept of an acquisition corp is very interesting. Several years ago a survey was done on establishing one for DoD. The feedback was mixed and some of the negatives came across loud and clear. One surprising negative was from many employees who said they didn't want to be that mobile. The workforce likes the flexibility it has now with employees often able to set their own work schedules. Job locations often impact where people work for commutes, child care, schools, conveniences like stores and restuarants, etc. Many also felt the concept doesn't take into consideration about needing to know agency's mission and unique aspects of the organization. They cited examples where contractor staff takes a long time just to get up to speed. Furthermore, internal agency policies like contract review board, legal clerarnces, agency specific policies, etc., all have to be learned with new people. The majority saw this as a huge drawback. These were validated by some of the concerns when many of the "fee-for-service" agencies did contract actions for other agencies.
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Steve Kelman recently wrote a commentary suggesting two things on spending the stimulus money. One is use existing contract vehicles. The other is agencies loan contracting staff to each other. The pressure on contracting staff should be enormous. The new administration will want things to happen and quickly. Saying it takes a year to award a contract won't cut it. I think the environment will be almost like a Katrina type crisis.
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Government Purchase Card Holder Authority
formerfed replied to Iron Man's topic in Contract Award Process
You would need to look at the authority provided to the card holder. Normally it's done by a letter or memo from the delegating/appointing officail for the cardholder. Assuming that doesn't pose any restrictions, the cardholder should have that authority. However it's not a good idea for the cardholder to sign for several reasons. One is the cardholder likely doesn't have the expertise and experience of a CO to determin if signing the agreement is wise. Second, there could be some conditions that can't be waived or revised. Finally the cardholder could inadvertantly exceed their limitations such as agreeing to some liability. -
do not data rights pertain [only] to deliverables
formerfed replied to bwwolf's topic in Contract Award Process
I was just thinking of the same thing. To be safe, I would include a notification in my proposal or in some other document that I own the data. Who knows what might accidently happen down the road. For example, the government could innocently ask for a user manual. That manual might contain information harmful to the contractor if disclosed for used for some unauthorized purpose. -
Actually GSA Schedule contracts used to be multiple award requirements contracts or a combination of requirements and IDIQ. The Schedules used to be "mandatory" on all or some agencies. "Mandatory" meant agencies qere required to order supplies and services from the GSA source or obtain a waiver. Those contracts were set up as requirements types and obviously were multiple awards. User agencies were instructed to acquire the needed supplies and/or services from the low priced source that met their minimum needs.
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The Economic Stimulas bill is on the horizon. Many people see it imposing a huge workload increase on contracting staff with the expectation that the contracts are timely awarded. However there's a recognition (and even admission by some who actually are expected to do the work) that they are prepared or experienced enough to accept that challenge.
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I wonder who wrote that clause.
formerfed replied to a topic in Proposed Law & Regulations; Legal Decisions
This is confusing to me and I can see lots of problems. For example, say I am a company who submitted the winning proposal based mostly on my technical and staffing approaches. It's unclear whether I can implement my staffing approach without consideration on using the incumbent's staff. Also if I am the incumbent and have plans to utilize my existing employees on another project, I don't want another company talking with them. -
I rarely see a number as low as 1980 hours. As Carol mentions, there are a number of variables. If you start with 2,080 hours in a year, you first deduct Holidays. If you go with the ten Federal recognized ones, you are already down to 2,000. Then there's paid time off. That seems to be what many companies refer to and combine annual leave with sick leave (federal terms). That generally ranges from 120 hours to 240 hours. Alternatively, companies provide two to four weeks of vacation time plus 10 days to two weeks of sick time. (these are just some representative numbers and it varies widely). Many companies also have required training and corporate meetings. I don't have any data in front of me now, but I think something like 1860 is more in line with what is used.
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Farparts, It seems like you really gave a lot of thought to this. I think dwgerard's comment about potential leadership positions is valid. However not everyone seeks a management job. If you are satisfied where you are now and what you are doing, that's great. I read a book quite a while ago called First Break All the Rules. The author interviewed several people doing a variety of jobs. He found the ones that are the best and are truely satisifed feel that way because they know they are good in what they do. Many didn't want to progress further in their career because that meant getting away from what they like and do best.
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Tayloam, The CO is just reacting to your monthly reports. If you forecast a cost underun, the CO then must make an adustment. If there's widespread fluxuations in the month-to-month reporting, you might want to modify your reports to show long term trends. For example, if this month shows a reduction and the preceeding month forecasts an increase but historically actual costs don't vary from the estimated costs, you may want to report differently.
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Question-Requesting Product Demonstrations by Other Agencies
formerfed replied to TLR's topic in Contract Award Process
I know of a couple agencies that did something similar. However they didn't use the actual demonstrated performance as part of their evaluation. In addition to what jason_a stated, too much is dependent on other events such as whether the software runs on a shared or dedicated server, the size of the server, communications, how the software and other things are configured. What the agencies I know of did was verify that the COTS modifications performed as indicated by the contractor, how responsive the contractor was in correcting discovered problems and addressing operational issues, etc. While this could be done over the phone, the agencies felt that getting a number of users and support staff together in a face-to-face setting results in much more meaningful input. -
FAR 17.207 contains information about the determination Contracting Officers must made. Part of that says: "© The contracting officer may exercise options only after determining that? (1) Funds are available; (2) The requirement covered by the option fulfills an existing Government need; (3) The exercise of the option is the most advantageous method of fulfilling the Government?s need, price and other factors (see paragraphs (d) and (e) of this section) considered; and (4) The option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions in 5.202. (d) The contracting officer, after considering price and other factors, shall make the determination on the basis of one of the following: (1) A new solicitation fails to produce a better price or a more advantageous offer than that offered by the option. If it is anticipated that the best price available is the option price or that this is the more advantageous offer, the contracting officer should not use this method of testing the market. (2) An informal analysis of prices or an examination of the market indicates that the option price is better than prices available in the market or that the option is the more advantageous offer. (3) The time between the award of the contract containing the option and the exercise of the option is so short that it indicates the option price is the lowest price obtainable or the more advantageous offer. The contracting officer shall take into consideration such factors as market stability and comparison of the time since award with the usual duration of contracts for such supplies or services. (e) The determination of other factors under paragraph ©(3) of this section? (1) Should take into account the Government?s need for continuity of operations and potential costs of disrupting operations; and (2) May consider the effect on small business So most of the time, the Contracting Officer uses information under d(2) above and determines that exercise of the option is the most advantageous method. If the contract award was recent, the Contracting Officer can made the determination based on d(3). It's rare than a new solicitation is for the same or similar commodity gets issued as in d(1).
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Navy, What I said is "The contractor is required to utilize the agreed upon level of effort.".
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You need to read FAR 16.306(d) closely. It says: d) Completion and term forms. A cost-plus-fixed-fee contract may take one of two basic forms?completion or term. (1) The completion form describes the scope of work by stating a definite goal or target and specifying an end product. This form of contract normally requires the contractor to complete and deliver the specified end product (e.g., a final report of research accomplishing the goal or target) within the estimated cost, if possible, as a condition for payment of the entire fixed fee. However, in the event the work cannot be completed within the estimated cost, the Government may require more effort without increase in fee, provided the Government increases the estimated cost. (2) The term form describes the scope of work in general terms and obligates the contractor to devote a specified level of effort for a stated time period. Under this form, if the performance is considered satisfactory by the Government, the fixed fee is payable at the expiration of the agreed-upon period, upon contractor statement that the level of effort specified in the contract has been expended in performing the contract work. Renewal for further periods of performance is a new acquisition that involves new cost and fee arrangements. (3) Because of the differences in obligation assumed by the contractor, the completion form is preferred over the term form whenever the work, or specific milestones for the work, can be defined well enough to permit development of estimates within which the contractor can be expected to complete the work. (4) The term form shall not be used unless the contractor is obligated by the contract to provide a specific level of effort within a definite time period With the completion form, the contractor is expected to produce an end producted within the estimated cost. The actual costs can vary from the estimate. In fact, the contractor could complete the work using only a portion of the orginal estimate. However the term form requires the contractor to devote the specified level of effort for a stated time period. The contractor is required to utilize the agreed upon level of effort. So to answer your question, it depends on the form of CPFF. If it's a completion form, yes, the labor mix can very from the estimate during contract performance. If it's a term type, the answer is no. The contractor must provide the agreed upon level of effort.
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Another aspect of this making the determination of "fair and reasonable prices" for task order awards involves than just cvonsidering the GSA contract unit pricing. While GSA has determined their contract award unit pricing for services (usually hourly rates) are fair and reasonable, that's only part of the effort. Offerors usually propose multiple labor categories and various levels of effort to perform the services. The user agency CO must examine all of that. Also there's the possibility that the offeror for the task order with "the lowest overall cost alternative to meet the needs of the Government" may not be fair and reasonable
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Experience a Substitution of education?
formerfed replied to Smurphy430's topic in Contracting Workforce
Steve, Your thoughts are right on target. Describe the work you want done in terms of required outcomes, establish standards for acceptance, and stay away from deciding who the contractor uses on the job. -
Socio-economic status used to never (or rarely) be used as an evaluation factor. But lately it has. Small business specialists seem to be pushing this more in procurements as the word on use is spreading. However this is the first I've seen where the actual category of firms has a pre-defined rating.
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Experience a Substitution of education?
formerfed replied to Smurphy430's topic in Contracting Workforce
OPM requgulations and 5 CFR only applies to government employees. However some agencies make compliance a requirement. I don't know why other than having some control over the people the contractor provides. When they do, it's up to that agency (the CO) to decide whether to allow the substitution.