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Showing results for tags 'FAR 8.4'.
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Good day, Purpose: I am soliciting feedback on the following scenario for the purpose of understanding better how discussions held in a FAR Part 8 setting work and if the below scenario passes your sniff test as experienced 1102's. Scenario: a significant weakness or deficiency is identified in a quoter's submission in an FSS order (FAR 8.4). Past Performance was not an evaluation factor in the RFQ. To address this issue the Contracting Officer decides to enter discussions to allow the vendor opportunity to be eligible for award. Contracting Officer looks to the procedures laid out in FAR 15.306(d) for guidance on how to fairly conduct the discussions as FAR 8 is silent on the matter. The Contracting Officer understands FAR 8.404(a)'s principle regarding FAR 15 but in light of the need for discussions decides to use it for guidance. Contracting Officer reads the following in FAR 15.306(d): The Contracting Officer sends out discussion letters addressing only the required elements (deficiencies and significant weaknesses) without addressing regular weaknesses. Question: Does the Contracting Officer's act of not addressing weaknesses with any quoter constitute a problem/issue?
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- discussions; source selection
- far 8.4
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Wifcon Community - I am seeking critical feedback for my planned evaluation approach. I want to ensure that I have my ducks in a row before approaching Legal with this. This method is based upon a mix of Vern's past posts and the Sevatec holding. Thank you in advance for your assistance. OBJECTIVE: To utilize an evaluation scheme that is more streamlined, intuitive, and flexible than trade-offs, without increasing protest risk. If this works as intended, I would apply it (or some variation) to most of my future service procurements competed under FAR 8.4, 13, or 16.5. CONTEXT: Competitive BPA call pursuant to 8.4. Four FTEs to provide consulting and management support services. Utilizes PWS and exceeds SAT. EVALUATION METHOD: Factor 1: Quote acceptability (compliance w/ T&Cs, in-scope, etc.). (Pass/Fail) Factor 2: Personnel qualifications. (Pass/Fail) Factor 3: Risk - Combination of personnel experience and contractor past performance. (I advised against including PP being that this is a BPA call, but my customer insisted.) Factor three will be evaluated through direct comparisons of quotes. Quotes will be ordered from lowest to highest performance risk. Price will not be a factor, since the Government is willing to pay up to the ceiling rates. Award will be made to the contractor that passes Factors 1 and 2, presents the least amount of performance risk, and quotes a F&R price.
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Ignoring whether or not agency should have used this vehicle, agency establishes multiple IDIQ contracts with FSS holders under FAR Subpart 8.4. The award of IDIQ contracts would seem to bring FAR Subpart 16.5 into play. Agency then issues a request for quotations by issuing a solicitation to all the IDIQ holders. While it seems clear that a procurement under FAR Subpart 8.4 does not involve the use of competitive proposals (see Millennium Space Systems, Inc., B-406771, August 17, 2012, 2012 CPD ¶ 237), it appears unsettled whether the use of an IDIQ contract vehicle transform the procurement from one involving other competitive procedures to one making the use of competitive proposals. The FAR generally links competitive proposals language directly to FAR Part 15 (see FAR 6.102( B ), but a nexus is created in FAR 16.505( B )(4) wherein is mandated that FAR 15.506 procedures be followed for postaward debriefings. And, just to muddy the waters a bit more, the FAR is explicitly clear that “responses to requests for quotation (simplified acquisition) are ‘quotations,’ not offers” while “responses to requests for proposals (negotiation) are offers called ‘proposals.’” FAR § 2.101 (under “Offer”). And, as that same provision explains, an offer “means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.” Id. Thus, according to the FAR, there is a clear and unalterable distinction between “quotations” (where no contract is formed by its submission) and “proposals” (where the submission binds the offeror and a contract results). So here is the question: Is a FAR Subpart 8.4 procurement that utilizes IDIQ contracts under FAR Subpart 16.5 a procurement on the basis of competitive proposals?
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Ignoring whether or not agency should have used this vehicle, agency establishes multiple IDIQ contracts with FSS holders under FAR Subpart 8.4. The award of IDIQ contracts would seem to bring FAR Subpart 16.5 into play. Agency then issues a request for quotations by issuing a solicitation to all the IDIQ holders. While it seems clear that a procurement under FAR Subpart 8.4 does not involve the use of competitive proposals (see Millennium Space Systems, Inc., B-406771, August 17, 2012, 2012 CPD ¶ 237), it appears unsettled whether the use of an IDIQ contract vehicle transform the procurement from one involving other competitive procedures to one making the use of competitive proposals. The FAR generally links competitive proposals language directly to FAR Part 15 (see FAR 6.102( B )), but a nexus is created in FAR 16.505( B )(4) wherein is mandated that FAR 15.506 procedures be followed for postaward debriefings. And, just to muddy the waters a bit more, the FAR is explicitly clear that “responses to requests for quotation (simplified acquisition) are ‘quotations,’ not offers” while “responses to requests for proposals (negotiation) are offers called ‘proposals.’” FAR § 2.101 (under “Offer”). And, as that same provision explains, an offer “means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.” Id. Thus, according to the FAR, there is a clear and unalterable distinction between “quotations” (where no contract is formed by its submission) and “proposals” (where the submission binds the offeror and a contract results). So here is the question: Is a FAR Subpart 8.4 procurement that utilizes IDIQ contracts under FAR Subpart 16.5 a procurement on the basis of competitive proposals?