Sole Source Construction - Solicitation Less Than 30 Days?

What are the grounds for opposition?

If the solicitation is for 30 days there is nothing stoping the contractor from turning it in in 2 days or whenever they want. If it is sole source and the contractor turns it in in 2 days I would imagine the CO would not sit around until day 30 to begin looking at it.

If you are in DoD, then source of opposition might be last year's guidance on Better Buying Power from OSD (ALT)

What would that guidance have to do with a sole source acquisition? Its guidance on proposal preparation times dealt with competitive acquisitions in which only one response is received.

What would that guidance have to do with a sole source acquisition? Its guidance on proposal preparation times dealt with competitive acquisitions in which only one response is received.

If it is sole source, the DoD memorandum would not apply. If it is a competitive solicitation for most supplies or services, valued at more than $150k and open for less than 30 days, then the solicitation must elicit at least 2 proposals / quotes. Otherwise, absent a waiver by the HCA or his / her delegate, the requirement must be resolicited again and remain open for 30 days.

See here: DPAP

I am working on a very small construction contract that is very straight forward - construction of a few miles of power lines valued at less than $250k. My contracting officer tells me that I need to have the solicitation out for 30 days, but since this is a sole source to a utility and very time sensative I thought I could shorten the solicitation period. The Utility Co. tells me they can have a proposal ready within a few days. Anyway, there is some discent on the subject in my office - does anyone have any experience in this matter? Advice?

Thansk!

They may be citing 5.203 (c ):

© Except for the acquisition of commercial items (see 5.203(), agencies shall allow at least a 30-day response time for receipt of bids or proposals from the date of issuance of a solicitation, if the proposed contract action is expected to exceed the simplified acquisition threshold.

The purpose thereof is... " (b )The contracting officer must establish a solicitation response time that will afford potential offerors a reasonable opportunity to respond to each proposed contract action, (including actions where the notice of proposed contract action and solicitation information is accessible through the GPE)..."

If the sole source offer provides the proposal sooner than in 30 days, then why can't you evaluate and negotiate it upon receipt?

I would call that work a commercial item and go with 5.203(.

Would it be a stretch to utilize FAR 5.202(a)(5) with reference to FAR 6.302-1((3) and 41.101?

Would it be a stretch to utilize FAR 5.202(a)(5) with reference to FAR 6.302-1((3) and 41.101?

I think that 2 of us offered a practical solution to the immediate situation, it assumes that the offeror will submit its proposal within a few days, even with a 30 day allowed proposal period. Then the government is hopefully smart enough to evaluate then negotiate it after receipt. Maybe I assume too much if someone can't function without a literal FAR prescription for every situation.

Then argue about the period for next time. The FAR intent is to allow industry at least 30 days to prepare a proposal. If a sole source firm doesn't need 30 days, then evaluate and negotiate as soon as they send it in.

I think that 2 of us offered a practical solution to the immediate situation, it assumes that the offeror will submit its proposal within a few days, even with a 30 day allowed proposal period. Then the government is hopefully smart enough to evaluate then negotiate it after receipt. Maybe I assume too much if someone can't function without a literal FAR prescription for every situation.

Then argue about the period for next time. The FAR intent is to allow industry at least 30 days to prepare a proposal. If a sole source firm doesn't need 30 days, then evaluate and negotiate as soon as they send it in.

Joel - Unclear about your post. If directly pointed at my post I was simply offering another idea, with references, where, if the situation fits, there is no need for a notice in FBO at all, therefore no arguement about publicizing and response time, the procurement is an exception to the notice requirement(FAR 5.202(a)(5)). Mine was not an "arguement" but simply a post and sometimes there might be more than 2 practical solutions under the FAR, especially in this forum where one gets only limited facts.

Joel - Unclear about your post. If directly pointed at my post I was simply offering another idea, with references, where, if the situation fits, there is no need for a notice in FBO at all, therefore no arguement about publicizing and response time, the procurement is an exception to the notice requirement(FAR 5.202(a)(5)). Mine was not an "arguement" but simply a post and sometimes there might be more than 2 practical solutions under the FAR, especially in this forum where one gets only limited facts.

Carl, I'm not arguing with you. I am simply trying to say that for the present situation, it should not be a problem, even if the hardheads insist on requiring a 30 day proposal submission period. The utility says it is ready to submit its proposal now. The parties both know when the utility can submit its proposal. No use in arguing with those hardheads right now. Send the RFP out, even if they require a 30 day response period. If the utility is ready to submit their proposal, they can submit it "early". Then, simply evaluate and negotiate the proposal.

What would be more stupid is if the government refuses to touch the submitted proposal until the full 30 day period passes.

For the future, I agree by all means, try to educate them. The key is that the parties should be able to agree on a reasonable proposal submission period when sole source contracting. However, unless the parties agree that a period of less than 30 days is sufficient, we should normally allow the firm(s) at least 30 days to prepare a proposal for a construction contract.

Joel - Thanks for the clarification.

Vern and Napolik - Understand that the memo truly doesn't apply but that doesn't mean someone didn't read it and thinks it did.

I think that 2 of us offered a practical solution to the immediate situation, it assumes that the offeror will submit its proposal within a few days, even with a 30 day allowed proposal period. Then the government is hopefully smart enough to evaluate then negotiate it after receipt. Maybe I assume too much if someone can't function without a literal FAR prescription for every situation.

Then argue about the period for next time. The FAR intent is to allow industry at least 30 days to prepare a proposal. If a sole source firm doesn't need 30 days, then evaluate and negotiate as soon as they send it in.

Thank you all for your input. My contracting officer is very "by the books", so I was hoping for a FAR referrence, but maybe a Vern Edwards blog entry will convince her

I work for DOI, I should have indicated that from the start. Again, thank you for your input - I'll definitely keep this in mind once I'm signing my own contracts.

TW

I think that 2 of us offered a practical solution to the immediate situation, it assumes that the offeror will submit its proposal within a few days, even with a 30 day allowed proposal period. Then the government is hopefully smart enough to evaluate then negotiate it after receipt. Maybe I assume too much if someone can't function without a literal FAR prescription for every situation.

Then argue about the period for next time. The FAR intent is to allow industry at least 30 days to prepare a proposal. If a sole source firm doesn't need 30 days, then evaluate and negotiate as soon as they send it in.

Thank you all for your input. My contracting officer is very "by the books", so I was hoping for a FAR referrence, but maybe a Vern Edwards blog entry will convince her

I work for DOI, I should have indicated that from the start. Again, thank you for your input - I'll definitely keep this in mind once I'm signing my own contracts.

TW

Would it be a stretch to utilize FAR 5.202(a)(5) with reference to FAR 6.302-1((3) and 41.101?

Carl - On second look I realized that this is for sole sourcing the procurement, and I've already gone down that road. Thank you though!