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Pricing listed on PWS for vendors


PATRICK3

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Quick question, I've done in this past, but just wondering if anyone has awarded a Task Order with the total price not to exceed listed on the PWS?

 

1. For example, we have limited funds available for a Task Order and can't go over $450,000, but proposals may come in higher. As a way to alleviate that issue, I've listed the price that the Order shouldn't go over in the SCOPE SECTION of the PWS. Does anyone have an example of the wording they used and where they placed it on the PWS? Thanks

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If you're going to put it in the PWS, put it at the beginning.  But I'm not sure the PWS is the right place.

Do you want a solicitation notice that no offers should exceed $450K?  Or do you want a contract term that the task order price shall not ever exceed $450K, even with any changes, equitable adjustments, or claims?

 

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17 hours ago, PATRICK3 said:

Quick question, I've done in this past, but just wondering if anyone has awarded a Task Order with the total price not to exceed listed on the PWS?

 

1. For example, we have limited funds available for a Task Order and can't go over $450,000, but proposals may come in higher. As a way to alleviate that issue, I've listed the price that the Order shouldn't go over in the SCOPE SECTION of the PWS. Does anyone have an example of the wording they used and where they placed it on the PWS? Thanks

Patrick....

Depends!.  Your post lacks context.  FFP, CR, T&M, LH?  Against a parent IDIQ that contains set prices for services or is nebulous?  Multiple award IDIQ or not?   All make a difference in crafting limitation language properly.

I will say that if you have done it before a certain way and it worked go for it again unless something came up that has caused you to question your approach.  And if so what was it?   

All of the above unknowns made known might result in an on point response.

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@C Culham@ji20874 It's for a Task Order for the previous post I wrote regarding the BPA. This will be the first Call Order off of the BPA and the funding amount can't go above $450,000. In a way to remove crazy amounts for the Call Order, I was planning to place the ceiling amount or not to exceed amount on the PWS at the top or in the first paragraph. My question is, what are your thoughts on doing that and where would you state that information? Thanks

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Do you want a solicitation notice that no offers should exceed $450K?  Or do you want a contract term that the task order price shall not ever exceed $450K, even with any changes, equitable adjustments, or claims?

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31 minutes ago, PATRICK3 said:

@C Culham@ji20874 It's for a Task Order for the previous post I wrote regarding the BPA. This will be the first Call Order off of the BPA and the funding amount can't go above $450,000. In a way to remove crazy amounts for the Call Order, I was planning to place the ceiling amount or not to exceed amount on the PWS at the top or in the first paragraph. My question is, what are your thoughts on doing that and where would you state that information? Thanks

Your ability to confuse by use of terminology not consistent with FAR guiding principles is, well confusing.

That said FFP is just that right?  TM is then open checkbook right?  And a call quote is negotiated right?  So are you not in control to reach a price that combines the FFP with a ceiling on the TM?

Last question a single BPA.or multiple?

 

PS - My head hurts more!

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@C CulhamIt's pretty simple though. It has T&M and FFP Clins. That's it. It'll be a single award, but would it change anything with a multiple? You would just send the PWS to both vendors and expect a quote. My question was more so, placing that information on the PWS or before the eval section and whether you've done that before. Thanks 

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Instead of getting quotes, if more than one BPA holder, then you can minimize any quote that is overpriced and have better competition amongst those vendors. That's all I was saying, because we have limited funding for this order. I undertsnd the whole T&M CLIN structure. Thanks again @C Culham

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@PATRICK3 I am going to do some mixing of threads as you have done based on your acknowledgement that you have two threads going that are intertwined.

 

18 hours ago, PATRICK3 said:

It'll be a single award, but would it change anything with a multiple?

So you have indicated that you have read FAR 13.303.   So how about 13.303-5(d)?  Or are you saying you have multiple BPA's under which you have maximum practicable competition yet you will only award one call for the need?  Likewise how about 13.106-1(2)(iv)(A) as remember the calls under a BPA are the contracts, does it imply there can be a difference between single and multiple awards?

 

18 hours ago, PATRICK3 said:

You would just send the PWS to both vendors and expect a quote.

Is "both" maximum practicable competition?  You have in your threads indicated that you expect several possible quotes and want  "...to eliminate BPA vendors from responding to the solicitation..." 

18 hours ago, PATRICK3 said:

It's pretty simple though. It has T&M and FFP Clins.

So does the T&M CLIN(s) have NTE's?

In the end indicating some kind of dollar threshold you are hoping to get to can be done.   You have dwelled on $450,000 as budget?  What is the IGE, the same, different, or?  Is the IGE based on known pricing of the BPA's that the need will be competed through?   I could be very wrong but if I told a contractor to come to my place and do a service for which I have defined but I only have $450,000 for that service I suspect the contractor would say deal!  From my view it makes a lot more sense to give a range and see what comes in and then determine who I have the best opportunity to work a deal with and negotiate with them to see if I can work something out.

Noting all of your comments most specifically evaluation factors, simple, etc. etc. and your statements that you are keyed in on FAR 13.303, understand T&M etc. I, pardon me, really do wonder.   And in support of my wonderment I offer more references from FAR part 13 that I have just picked for the heck of it.....

How about 13.105 and 13.106-1(2)(iii).

All said I understand you feel that you are confident with your approach and understanding of the FAR as a basis to eliminate vendors from responding but in truth all told for the BPA itself ( a different thread) and now a potential call under the BPA I fear you do not have the grasp you state.   Luckily it appears you have a vendor or vendor(s) that are willing to play but it would seem the day might come when they too wonder about the BPAs, the calls, etc. as being supported by the guiding principles of the FAR.

There is no need to respond to the questions here in.  They are just ones that ramble through my head as the two threads continue to unwind.

Best of luck and I do hope I have helped to some extent.

 

 

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