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Kathleen A. Kern

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About Kathleen A. Kern

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  1. I have also been reminded that the FAR may be talking to a competitive situation. Mine is not. Thank you for the input!
  2. Yes, it is all about the cost savings, I understand this point. My question, better stated (I hope) is: Why can I ONLY give authorization in the cost reimbursement environment and not in the FFP, for example?
  3. I have a FFP BPA, 8(a). The use of a GSA schedule by my prime (use of Government sources by Contractors) appears to be the only way to obtain the material required at the best price. (The GSA firm WILL NOT provide GSA pricing to my Prime without a letter of authorization from me, the KO) Does anyone have an idea why FAR would only permit authorization to use sources in the performance of cost reimbursement contracts or other types when the a substantial portin of the contractor's contracts are cost reimbursement? I am just re-entering the world of using GSA contracts - bear with me on this one
  4. Not Vern but: I think that your training officer needs to stick to training and leave the contracting to the trained contract specialist.
  5. Hutch_05 These items may ?not apply? to construction in accordance with FAR 17 but documentation as to why you are proceeding with a contracting method is always smart. If you provide this documentation during the process ? for the inclusion while you are developing your solicitation and at the time of option issuance when you exercise, for example ? you are at the very least supporting the rationale for what you are doing and more importantly, you are providing the words for the next person, be they another contract specialist researching a current requirement or a contract management revie
  6. Jess, A few questions: You say that for the past 15 years market research indicates (or indicated?) only one source can provide the service. What did market research show prior to this current solicitation? What type of market research was performed? What contract type was used previously? Was soliciting the requirement your market research? You say you had no communication with the incumbent prior to proposal submission; was there any communication with industry prior to solicitation issuance? You reference FAR 16.103 with regard to selection of contract type and it being a matter of negotiat
  7. General comment to all: I appreciate the input you have provided concerning this topic and welcome additional discussions, please. Your information has given me areas to further research and re-read, as we all know the FAR, et al are not always the easiest to interpret. My position remains this: Full and open competition is the goal of Federal Procurement because it has been determined that use of this method provides the best and most effective and hopefully efficient use of public funds. Yes, many of you have mentioned situations where competition will be limited by other than an authority,
  8. In a way. The "logic" is if we only go to local sources then we do not have to post, synposize or advertise using FBO - FAR5.202(a)(12). If we use FBO to do any of the above, then we must go full & open or have an authority to restrict. ... So, if you don't use FBO, you only need to use local sources.
  9. My manager states that everything will be posted, synopsized and/or advertised using FEDBIZOPPS. When a restriction applies, we state this retriction and the authority in the announcement. We have been doing this the three and one half years I have been here and in the other overseas locations I have worked. My attorney-advisor is of the belief that we can go to local sources and not post, synoposize or advertise based on FAR 5. If we post, synopsize or advertise, then we need an authority to restrict competition FAR 6; if we do not post, synopsize or advertise, then we can go only to local s
  10. Where were you located? I do not think the competition requirement has become more relaxed since then I have searched the "books" - chapters 5, 6, 15, 25, Ad nausea. Nothing that says overseas equates to local sources only.
  11. You say I have a choice and a few people here are also of that belief but I do not read the FAR, DFARS, AFARS or EFARS to say that because I am overseas, I only need to use local sources. In FAR 5.201, if I keep to local sources, I do not have to synopsize or advertise and apparently not even post. The rest of the FAR emphasizes the need to ensure full and open competition, ensuring that as Don said all responsible offerors are permitted to compete. The reasons as you state are valid for soliciting only local sources but again I am looking for something that tells me that because I am overse
  12. Mr. Edwards, Thank you for the reference but we do not use SAP. These are contruction contracts, for military installations overseas. Ranging in value, IDIQ, from US$15 - US$30M for a period not to exceed three (3) years, base yr with two (2) option yrs and contracts for discreet projects not in excess of US$500K. We have international agreements with some of the countries with regard to restrictions. Others we do not.
  13. Linda, Yes, I know FAR 5 very well and (12) is an exception. My question may be going a bit into FAR 6, as well. What gives us, the overseas KO, the authority to only solicit local sources - which is restricting competition -? FAR 6.302-4 -- International Agreement? When we use 6.302-4 it must be supported with an agreement between the countries. What if it is not supported, I can not see where we just decide to use local sources? Kathleen (12) The proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its
  14. FAR Part 5. If I am soliciting only local sources to obtain services for Military locations overseas I do not need to post, synopsize or advertise. Is this true? What regulation, law, agreement allows me to only solicit local sources?
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