Examples of awards that outlived the requested acquisition

Started by BrettK · May 26, 2022 · 10 replies

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    BrettK

    May 26, 2022 · 4y ago

    Original post

    I'm super new to this field and am learning a lot from the group at Wifcon. Thank you for everything you have taught me so far!

    At the moment, I'm trying to better understand the time it takes to complete a contract. Are you aware of any examples of time delays in contracts where the length of time it took to finalize the contract made the actual goods no longer relevant to the original request (obsolete or outdated equipment or software) and what happens in that case. For example, the request was for Windows 95 and by the time the award came around, Windows was up to version 10.

    Apologies if I am wording this question wrong.

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    C Culham

    May 27, 2022 · 4y ago

    BrettK said:

    Are you aware of any examples of time delays

    While the following are not spot on they may give you a general sense of agency authority to cancel a solicitation.  With specific regard to your example if the facts leading up to the determination to cancel were reasonable the agency's decision would most likely be sustained in the event of a protest.    I hope the references help you in further exploring the matter.

    https://www.gao.gov/products/b-412655.3

    https://www.gao.gov/assets/b-418238.pdf

    https://www.gao.gov/products/b-408870.3

    https://www.gao.gov/products/b-418128.7

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    BrettK

    May 27, 2022 · 4y ago

    C Culham said:

    While the following are not spot on they may give you a general sense of agency authority to cancel a solicitation.  With specific regard to your example if the facts leading up to the determination to cancel were reasonable the agency's decision would most likely be sustained in the event of a protest.    I hope the references help you in further exploring the matter.

    https://www.gao.gov/products/b-412655.3

    https://www.gao.gov/assets/b-418238.pdf

    https://www.gao.gov/products/b-408870.3

    https://www.gao.gov/products/b-418128.7

    Thank you C. Culham. I think I am looking more for examples of the time to contracting being outpaced by the speed of technology. These examples certainly illustrate time delays but I'd like to see if there are extreme examples that might better illustrate my thoughts.

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    C Culham

    May 27, 2022 · 4y ago

    BrettK said:

    Thank you C. Culham

    Well I tried.  Is the actual speed to complete a contract (solicitation to award) the issue or the entire process required to procure something?  Example - I have a need, express through the planning/budget process, funding is approved, program sets forth in preparing the need to send to the contracting office, contracting office does it thing, proposals received, evaluated, and award occurs.  Lots of hand wringing (time expended) with each step.  

    I get your wonderment and in the world of contracting I am sure the extreme examples exist where a need was stopped at any certain point due to circumstances inclusive of where technology outpaced the process.  Sorry I can not come up with an exact one.

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    joel hoffman

    May 27, 2022 · 4y ago

    I can remember that there were often instances of construction contracts where equipment, products or materials were superseded or no longer available by the time they were to be ordered. But I don’t recall the specifics.

    There we’re also instances where products were superseded during the source selection or contract negotiation process.

    But I’m not aware of examples of software obsolescence for such acquisitions.

    Do you want some examples of how such problems occurring either during or after contract award were handled?  Not sure what your specific interest is.

    Depends upon the specific situation whether cancellation of a solicitation or amended solicitation or post award change, substitution or TFC, etc.

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    BrettK

    May 27, 2022 · 4y ago

    joel hoffman said:

    I can remember that there were often instances of construction contracts where equipment, products or materials were superseded or no longer available by the time they were to be ordered.

    Exactly what I am looking for. My thesis is that the process often takes too long - sometimes to the point of becoming irrelevant. Doesn't need to be software specific, that is just the first thing I thought of. Your examples of superseded or no longer available materials would be perfect.

    I recall a story about iPhones being ordered and by the time the contract was approved, the version of the iPhone approved was so old, the contract had to be redone. In other words, the length of time the contract took affected the contract itself.

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    Don Mansfield

    May 27, 2022 · 4y ago

    On 5/26/2022 at 11:06 AM, BrettK said:

    I'm super new to this field and am learning a lot from the group at Wifcon. Thank you for everything you have taught me so far!

    At the moment, I'm trying to better understand the time it takes to complete a contract. Are you aware of any examples of time delays in contracts where the length of time it took to finalize the contract made the actual goods no longer relevant to the original request (obsolete or outdated equipment or software) and what happens in that case. For example, the request was for Windows 95 and by the time the award came around, Windows was up to version 10.

    Apologies if I am wording this question wrong.

    Obsolescence management is a big deal in the DoD. That's why Diminishing Manufacturing Sources and Material Shortages (DMSMS) management is a thing. Since you're new, I recommend familiarizing yourself with SD-22. Come back if you have any questions.

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    BrettK

    May 31, 2022 · 4y ago

    @Don MansfieldSD-22 was very informative. Thank you. I now better understand the activities to prevent situations that may lead to shortages and obsolescence. Makes sense.

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    User 34

    May 31, 2022 · 4y ago

    BrettK,

    Although it does not appear to be an issue of "the length of time it took to finalize the contract made the actual goods no longer relevant to the original request," if you Google "GAO Hanford Waste Treatment Plant" you will find numerous GAO reports addressing technical changes and delays over the last 20 years.  Just imagine what the technology was in 2000 compared to 2022.  

    Quote

    After nearly 20 years and with over $11 billion spent since EM awarded the contract to design and build the WTP, the WTP is not complete and has faced numerous technical challenges, cost overruns, and schedule delays. According to a recent study by the U.S. Army Corps of Engineers and EM’s Hanford Lifecycle Report, the largest and most complex portion of the WTP—the pretreatment facility—is unlikely to be completed as designed and scheduled. Since the early years of the project, we have recommended that EM stop moving ahead on the pretreatment facility until it resolves the numerous technical challenges or conducts a reliable analysis of alternatives and determines a risk-informed, cost-effective path forward.

    GAO-20-363, page 29 of 53:  https://www.gao.gov/assets/gao-20-363.pdf

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    BrettK

    May 31, 2022 · 4y ago

    User 34 said:

    GAO Hanford Waste Treatment Plant

    Wow. This is a truly unfortunate project delay. Fascinating and frustrating all at once.

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    joel hoffman

    May 31, 2022 · 4y ago

    BrettK said:

    Wow. This is a truly unfortunate project delay. Fascinating and frustrating all at once.

    It wouldn’t surprise me, considering the level and complexity of design configuration management systems for major environmental projects, especially involving nuclear wastes.. A retired TVA specialist that once worked for me advised that changing something as simple as a clock in a control room in a Nuclear Power Plant would cost more than $10,000 - $200 for the new clock and the labor to install and the rest for the RCRA or environmental permit modifications and updates to the design configuration, as-built design documentation.

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