ANSWERS (RATED A+)
You have a contract for services with a basic period of performance and several one-
year options for continued performance. The contract states that all options must be
exercised by 1 October of each year. The basic period of performance has just
expired and on 5 October, you realize that you never exercised the option for
continued performance. There is still, however, an immediate need for services. How
would you try to rectify the error? - ANSWERTextbook answer is once the option
period expires you are no longer able to exercise an option. You no longer have the
authority to extend services. You may be able to negotiate with the contractor to
restore the option however this would likely set you up for a protest that you would
lose. Management and legal would also probably not support you. To rectify this
error you would need to expedite a new contract like a bridge contract with a
performance period of a few months to the incumbent while you begin the process to
solicit and award a new contract.
This determination will be documented and included in the contract file.
Organizational conflicts of interest are more likely to occur in contracts involving what
type of work areas, just name a few... - ANSWERManagement support services
Consultant or other professional services
Contractor performance of or assistance in technical evaluations
Systems engineering and technical direction work performed by a contractor that
does not have overall contractual responsibility for development or production
Under what circumstances can commercial unilateral modification be awarded: -
ANSWERTo make administrative changes
Issue change orders
Make changes authorized by clauses
Issue termination notices
What is scope? - ANSWERScope can be viewed as the intent of a requirement. If for
example you are administering a contract for base grounds maintenance in scope
mods may be easy for the most part. Adding additional trees, expanding the area of
the grass cut due to base expansion, or even updating flower beds would be in
scope changes. Adding grounds cleanup before grass cutting may also be in scope
but adding janitorial services for public bathrooms at the base park would not be
considered in scope. The public bathrooms being cleaned is not part of maintaining
lawns and outside décor. When changes to a contract requirement are made in
scope changes should be reviewed and a determination needs to be made that the
change is indeed in scope. Documentation should also be kept in the contract file. If
a change is determined to be out of scope - a new requirement is needed. The new
requirement will be solicited and all contractors would be given a chance to bid on it.
The problem with scope changes happen when the requirement comes from the
same program manager. They may see it as just expanding the scope a little or as
, an in scope change. The contracting officer will need to ensure the program
manager understands that expanding a contract's intent is out of scope. Professional
discussions and understanding will need to take place. These discussions can be
hard and at times become heated because individuals may not see eye to eye or
able to come to a complete agreement. Sometime personality conflicts also make
these discussions hard. Contracting officers must remain professional when
explaining these differences to outside individuals.
How do you determine if a modification is within scope? - ANSWERIf the change is
within the intent of the requirement it can be considered in scope. If the change
would potentially increase the pool of contractors then it would be considered out of
scope.
Nature of Work - Is the function or nature of the work generally the same as the work
originally called for in the contract? Is the work to be performed essentially the same
work as the offerors bargained for when the contract was awarded? Is the work
intrinsically different from the covered by the contract?
Costs and Disruption - Is the degree of work considerably greater than what was
originally in the contract? Will increased work require an increase in cost for the
contractor?
Quantity Changes - Are changes increasing or decreasing the quantity of work? Are
the quantity changes major or minor? Will changes require additional time to
perform? Would change have significantly affected the competitive positions of the
offerors such that the RFP should have been amended?
Anticipated changes - Could the changes have been anticipated by the offerors to
contract award, i.e. technology upgrades? The type of changes allowable under the
contract changes clauses should also be included in the scope determination.
Discuss your thought process when determining within scope changes while in a
sole source environment. In a competitive environment. - ANSWERFor within scope
changes for in a sole source environment I would likely go over the changes with the
program manager, supervisor and legal. I would want buy in from each area before
issuing a change to a sole source requirement to ensure I have backing. Then I
would follow local and federal regulations in issuing the modification.
For a competitive environment I would do market research and have discussions
with the program manager, supervisor and legal to gain buy in that the change is
indeed within scope. I would want to ensure the change would not expand the
original competition pool and then follow local and federal regulations to issue the
modification.
Substantial changes in data processing and telecommunications equipment contract
where solicitation provided that equipment upgrades were anticipated during
performance. Within scope or not? - ANSWERIf it was advertised an upgrade is
anticipated I would think the changes would be within scope. In reality it would
depend on how the solicitation was written. If the substantial changes are software
related and would not require additional hardware that change would likely be within
scope. If the substantial changes are hardware upgrades that usually requires a
complete overhaul of the equipment. There could be substantial costs associated
with removing old hardware and installing new hardware. There could be additional