Discussion

by Shelley Hall

In Bluewater Management Group, LLC, B-414785, Bluewater protested the Navy’s award of lodging and transportation services to DMC Management Services, LLC, stating that the award was improper because DMC’s GSA Schedule contract did not include transportation services.

The Navy issued an RFQ to small business holders of GSA Schedule 48 for lodging and transportation services. The RFQ was issued pursuant to FAR Subpart 8.4, Federal Supply Schedules (FSS), where GSA manages the FSS program and federal agencies can use a less complex process to buy commercial supplies and services.

In the RFQ’s scope of work, offerors were to provide an average of 120 extended-stay hotel rooms within 25 miles of the naval base and daily round trip transportation to the naval base. The RFQ broke out the lodging and transportation services as separate CLINs and told offerors that all products and services were to be included in their current GSA Schedule contract.

DMC holds a Schedule 48 contract, but it only lists pricing for lodging and housekeeping services. It does not include pricing for transportation.  The Navy awarded DMC the task order for an evaluated price of $38,009,781.

Bluewater protested, stating the award was improper because the transportation services from DMC were outside the scope of its Schedule 48 contract. The Navy responded that the transportation services were ancillary to complete the task order lodging requirement.

In rejecting the Navy’s argument, GAO wrote, “[t]he Navy provides no legal authority for this assertion, nor does it provide any evidence that DMC’s schedule contract listed these services or otherwise explain why the transportation services are not required to be listed and priced on the FSS contractor’s schedule.” GAO found that the Navy’s argument that the transportation services were “other direct costs,” wrong since DMC did not offer a description or established price for transportation services.

GAO explained that “[n]on-FSS products and services may not be purchased using FSS procedures; instead, their purchase requires compliance with the applicable procurement laws and regulations, including those requiring the use of competitive procedures. GAO sustained the protest, affirming that “[w]here an agency orders from an existing FSS, all items quoted and ordered are required to be on the vendor’s schedule contract as a precondition to receiving an order.”

Bottom line is that the government cannot order items or services not listed on the vendor’s FSS schedule.

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If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul compare the advantages and disadvantages of Pre-Award and Post-Award Debriefs.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

by Scott Syring

Differing site conditions, commonly referred to as unforeseen site conditions, is a term used in construction contracts to describe a previously unknown condition that, once discovered, will affect a project’s schedule and costs. For this reason, it is important for site managers to understand and be aware of the differing site conditions clause and the associated reporting obligation.
The Differing Site Conditions clause addresses the following two situations:

Type I – Conditions that materially differ from the conditions described in the contract

Type II – Conditions that materially differ from what one would expect to be encountered

As you can imagine, in older military installations, the first can be quite common due to the fact that much of the original plans and drawings may be over fifty years old and it is likely that many changes were not documented. Several years ago, I had a construction project to rebuild an intramural sports field that was shut down for safety concerns associated with tripping hazards and poor drainage. This was a straightforward project to bring the field to a usable condition and I did not expect any issues, but when the contractor was laying the sprinkler system, a giant boulder was discovered just underground in the middle of the field. It turns out, the ‘boulder’ was likely the footer from a large building previously located at the site. When the building was demoed, instead of removing the substructure, the footer was simply covered up with soil; however, the installation’s drawings were never updated.

The second condition is not quite as common, but can be exemplified in a project laying new water lines at a military installation dating back to the early 1940s. The issue arose when the contractor was digging a new trench and uncovered a 10-inch mortar ammunition. Now this would not have constituted an unforeseen site condition if the project was at an old bombing range were unexpended shells would be expected in the course of the project; however, in this case, the project was alongside a busy road next to a runway. It is safe to say that this was not the type of issue expected when bidding the project. It turns out, the small ammunition was an old training aid from the early days of the installation that somehow became lost and covered up over time. Of course this was a more extreme example, but an interesting one. A more commonplace example for this scenario occurs when a contractor is excavating a site expecting it to be comprised of sandy soil, only to discover several layers of bedrock that require removal at additional cost and with schedule impacts.

In both examples, the contractors promptly notified the contracting officer and suspension of work directions issued to allow the government time to assess. In the first scenario, the contractor was provided direction via contract modification with an equitable adjustment for the additional effort of cutting into the rock to allow the sprinkler system to cross. In the second scenario, the Government self-performed a survey of the area to determine if there were any other hazards beneath the surface. After determining the area safe from any additional ammunition, the suspension of work was lifted. To ensure this process plays out as required, it is important that prompt notification to the contracting officer be provided since failure to do so could result in denial of a request for equitable adjust.

Which brings me to the final example that occurred on a sewer lift station project. In this case the contractor was authorized to work weekends and one Saturday found that the underground piping was not located in the areas identified in the specification. However, instead of immediately notifying the contracting officer, the contractor proceeded to dig throughout the site to find the correct tie-ins. The following week the contractor submitted a claim for an equitable adjustment, but, as you might have guessed, the majority of the claim was denied. The additional digging to find the tie-ins was not needed and had the contractor provided the proper notification, the government could have corrected the issue without any action or expenses on the contractor’s part.

Differing site conditions can come in many forms as I have discussed here. For that reason, if there is any concern as to what has been discovered, it is best for the site manager to reach out to the contracting officer and discuss the issue at hand. The first two examples I provided show how this notification was done right and the third, not so well. Communication is vital in any project and ensuring your site manager is well aware of this clause will help protect your company from costly mistakes and delays.

For instant access to over 200 articles like this one (as well as the two new ones we add every week), join the Skyway Community.
Visit http://skywaymember.com for details.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul discuss FAR 3.2: Contractor Gratuities to Government Personnel. Learn why common behaviors in the commercial world are not allowed in the Government market and how you can get in a whole mess of trouble if you don’t understand the differences.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Who makes the decision to purchase something for the Government?  The answer depends on many factors, but is usually quite different from how an acquisition decision is made in your personal life or the non-Government world.

Kevin and Paul discuss the 3 main “deciders” in Government acquisition and relate them to easily recognizable roles: money, needs, and the authority/ability to make a transaction.

Learn who has the power in each Acquisition Timezone and why it is important for both Government and Industry to recognize how the power can shift.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul discuss the variables that impact Industry’s ability to provide resources (meaning people) to meet the Government’s requirements.  These issues impact both service contracts and development contracts – anywhere that contractors must hire employees.

Learn how both the Government and Industry sometimes contribute to problems hiring and maintaining employees throughout the execution of a contract and tips for how to avoid these problems.  As always, communication between Government and Industry is key to recognizing when staffing problems may be encountered during the acquisition and execution zones.

__________

Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin welcomes special guest Vicki Strycharske to discuss the first 4 steps that Industry should take when an RFP is released by the Government.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

___________

Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul discuss communications between the Government and Industry, focusing on the period before the RFP is released and proposals are submitted.  You might be surprised what FAR 15.201 REALLY says about the type of information that can, and should, be shared.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

by Kevin Jans

My last role as a Contracting Officer was at US Special Operations Command at MacDill Air Force Base, just south of Tampa, FL. When I decided to step out of my CO role officially and start Skyway, I chose to set up the company in St. Petersburg, Florida. While some people don’t like the lack of seasons, the heat, the humidity, the water, and the fact that sun is out pretty much every single day…it’s a great fit for me.

Here’s the catch (why does there always have to be a catch?), one season in particular can be particularly maddening: Hurricane Season. It runs from June 1 to Nov 30 each year. However, the part we all really notice is the few weeks before and after Labor Day, when the risk of storms actually showing up is highest. This year, during that notorious window, Hurricane Irma ripped through the Caribbean (as a Category 5 monster), then made a bee line for Tampa Bay – and ended up ripping up the west side of Florida, including the Keys, Marco Island the large chunks of Ft. Myers and Naples.

Living in Florida is 99.5% awesome. The .5% is Hurricane Season.

Which brings us to this blog topic. In late August 2017, Hurricane Irma was plowing through the Caribbean on her way to the Southeastern US. We knew we were going to be impacted about a week ahead of time so we started making alternate plans. Five days before landfall in south Florida, it was tracking for the east side of Florida. Then, about two days before landfall, it tracked further west and was headed right for our neighborhood, literally. So we started planning and packing to evacuate. Then Irma would slow down, drift east again, then speed up, and so on. As we rushed to pack, then waited to see the track, we adjusted our plans to make sure we weren’t going to evacuate into the path of the hurricane and then end up riding out a Cat II Hurricane in a hotel room.

As I contemplated the best and worst-case scenarios, I said to one of our team members, “This feels a lot of like proposal planning.” There was a laugh, then an awkward silence as we digested just how eerily true that was. I decided after the storm was over, I’d write a blog post called “The Top 10 Ways Proposal Planning is like a Hurricane.”

In case you’re curious, the eye was within fifty miles of my house, but since we were on the west side of the storm we did not get hit as badly as we expected. We were prepared, shuttered, sandbagged, and locked up. Other than minor damage to our house, and a huge tree that fell into the street (and not into the house), we did ok. We were lucky (see Reason #9).

Here is the list finally.

  1. As dates and timelines change, we can prepare, but not really plan.
  2. We know it’s coming, but we don’t know the exact schedule or track until it happens.
  3. When it arrives, it’s too late to prepare.
  4. We have to hurry up and wait.
  5. We have to focus on what we CAN do. We need to do things in order because we can’t do everything at once.
  6. Capacity matters (the size of our evacuation vehicle is like the proposal page limits)
  7. It’s a team effort
  8. We’re usually at least a little lucky (and may not even know it)
  9. When it’s all over, it may be anticlimactic
  10. Much, but not all, of the process is repeatable

I’ll be doing a series of these to unpack each one over the coming months so we’re ready for Hurricane season next year. Incidentally, the irony is not lost on me that the heart of PROPOSAL season (mid-June to mid-Sep) is also the heart of Hurricane Season. I was actually helping two of our members with proposal projects while we were evacuated to South Carolina – where Paul Schauer and I recorded Episode 152of the Contracting Officer Podcast, aptly titled “Excusable Delays”.

For instant access to over 200 articles like this one (as well as the two new ones we add every week), join the Skyway Community.
Visit http://skywaymember.com for details.

by Shelley Hall

A recent protest – Bluehorse Corp., B-414809 (Aug. 18, 2017) – involved an acquisition diesel fuel, which was as part of a highway construction project by the Department of Interior, Bureau of Indian Affairs (BIA).

The solicitation said that the fuel would be delivered “as needed” by the construction project. During a question-and-answer session, the CO stated that BIA had two 5,000-gallon tanks for storage, and that the agency “typically” orders 4,000 gallons at a time.

Bluehorse Corp., an Indian Small Business Economic Enterprise, provided a quotation that said it had the ability to supply 7,500 gallons per delivery.

The CO selected Bluehorse for award. After award, the government sent them a purchase order which specified that each delivery would be 4,000 gallons. The purchase order incorrectly stated that the capacity of the tanks was 4,000 gallons each versus 5,000.

Bluehorse and the CO spent the day emailing back and forth about the parameters of the deal. Bluehorse insisted they should be allowed to deliver 7,500 gallons at a time. The emails escalated from a request that the government clarify the capacity of its tanks to a threat that “if you don’t amend, we will protest.” The one problem was that in one of the emails, Bluehorse said “our offer was made on the ability to make a 7500 gallon drop .  . .”

The CO responded that Bluehorse was trying to craft its own terms by “determining the amount you want to deliver and not what the government is requesting.”

When Bluehorse did not respond, the CO rescinded the offer. In one single day, the deal had fallen apart. Bluehorse protested, saying that the agency relied on “unstated evaluation criteria” and “inexplicably” limited deliveries to 4,000 gallons.

GAO sided with the government agency.  They said that although the offer initially conformed to the terms of the solicitation (because the initial reference to 7,500-gallon deliveries was a “statement of capability”) when Bluehorse told the CO in the email that the offer was dependent on the ability to deliver 7,500 gallons at a time, Bluehorse had placed a condition on the acceptance of its quotation.

GAO said, “the record supports the agency’s conclusion the protester subsequently conditioned its quotation upon the ability to deliver a minimum of 7,500 gallons of fuel at a time.”

So the contractor tried to change the rules after the fact. It did not matter whether the government had the capacity to hold the amount Bluehorse wanted to provide. All that mattered was that the government wanted one thing, and Bluehorse insisted on providing another.  GAO denied the protest.

For instant access to over 200 articles like this one (as well as the two new ones we add every week), join the Skyway Community.
Visit http://skywaymember.com for details.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul dive into one of the most exciting topics ever dared on the podcast: the contents of a contract file!  Grab a cup of coffee and enjoy…

This topic is another in the line of “why does Government acquisition take so long?”.  We review FAR 4.803 and explain the importance of maintaining complete files for both Government and Industry. (it isn’t always apparent at the time to the “filer”)

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

In this ENCORE presentation, Kevin and Paul introduce the Execution Time Zones –  a helpful way to envision where and how certain topics fit into the Government contracting world.  (execution as in “contract performance”, not as in…you know, the other connotation) The Execution Zones are the post-award companions to the Acquisition Time Zones and are referenced in many episodes.

Much like the Acquisition Time Zones, the Execution Zones are cyclical, but using contract award as the “beginning” is the easiest way to think about them.  Starting with contract award, we enter the Honeymoon Zone.  Learn what happens during the first days and weeks after contract award and why a contract kickoff meeting is valuable for both sides.

Following the Honeymoon Zone, the continuum moves through the Performance Zone, the Re-Compete Zone, and the Wrap-up Zone before circling back to the Honeymoon Zone for the next contract.

Learn when to begin the capture and business development process for your next award.  Learn when Government acquisition experts begin their market research.  The basic flow of contract execution and administration is explained.  This episode is a quick overview of each zone – be sure to listen to the zone-specific episodes for deeper insight.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin holds a roundtable (or round-Skype) discussion with Christi Gilbert (an industry contracts/proposal manager) and Steve Lucianetti (a former Government Contracting Officer) to learn their opinions on why protests happen and the conditions under which industry should submit a protest. (if you’re not familiar with protests in the Government acquisition world, check out Episode 23 “What is a Protest?”)

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul review the basic elements required to create a legal contract. This is the first of a series that will examine each element in detail.  DISCLAIMER: We are NOT lawyers. This stuff is complicated.  If you’re in a dispute about the legality of a contract, please consult an attorney.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul discuss the value of communicating schedule changes as early as possible.   Changes that aren’t clearly communicated can cause the delays to compound as they ripple through your schedule.  Early communication helps to align expectations and minimize impacts.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin discusses the role of the Proposal Manager with special guest Vicky Strycharske. Vicky is a former Army Contracting Officer with over 20 years on the industry side developing proposals for both small and large businesses.

A proposal manager implements the proposal process, assigns tasks, ensures quality and leads the team to submit a compliant proposal on schedule. Learn why this role can make the difference between winning and losing a bid and how the role differs in small and large businesses.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

This is an update to one of our earliest podcasts, Episode 16 “The Importance of Targeting”.  We decided to refresh the content and take advantage of the improvements we’ve made in our audio over the past couple of years.

Targeting is a critical element of winning bids in the federal market.  Poor targeting creates many of the problems we discuss on the Contracting Officer Podcast – from miscommunication between buyer and seller, to adversarial debriefs, and yes, even to protests.  Regardless of where you sit in the federal buying and selling process, it is critical that you understand the importance of targeting.  In this updated episode we explain how to identify your Ideal Target Market by stitching together three elements of targeting: your Reachable Market, your Target Market and your Weight Class.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

We’re happy to welcome back one of our favorite retired Contracting Officers, Shelley Hall.  Shelley and Paul discuss the web of confusing requirements surrounding the Buy American Act (BAA), Trade Agreement Act (TAA), and Berry Amendment.

Learn how these laws restrict Government purchases of most supplies originating from non-domestic sources and why bids & proposals can be eliminated from a competition if they aren’t compliant. Shelley also provides advice on how to deal with exceptions to RFP requirements relating to the BAA, TAA, and Berry Amendment.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

“The debriefing is an opportunity to prevent protests, not cause them.”

Kevin and Paul return to the topic of debriefings.  Learn why debriefs are often a missed opportunity for both Government and Industry to improve future acquisition outcomes.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)

Kevin and Paul explore the important distinctions between Personal Services contracts and the more common Non-Personal Services Contract.  Learn why FAR 37.104 strictly limits the use of Personal Services contracts and why many service contracts create the appearance of personal services.

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This episode is brought to you by Skyway Acquisition.  To get help with the Government market, become a Skyway Community member. The Skyway Community ensures you are better positioned to take advantage of opportunities and better equipped to manage the challenges of government contracts.  Members have access to one-on-one insights, time-saving tools, and training resources from our team of former COs, including the ability to get the perspective of our whole team in Ask A Contracting Officer Forum, get specialized training from our on-demand webinars and articles, targeting support through our RFP Score™ assessment tool, as well as our consulting from our team of former COs who help solve your unique puzzles. Personal memberships start at $50 with no contract. To learn more, visit skywaymember.com.

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Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help Government and Industry acquisition professionals understand more about how the other side thinks.  Admittedly, the podcast’s name sounds very limiting.  It is not just for contracting officers or even just for those in the contracting profession.  Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.