ProfRex
Federal Government Contracting and Related Areas
Monday, February 11, 2008
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2 Comments:
Hey Rex,
I'm an old student of yours and would like your expert opinion on something. How does the implied warranty of plans and specs apply to performance based service contracts with regard to vagueness and missing information?
Scenario:
As stated in the PWS, the inventories provided are general and only include tallies of major components that help to define the salient characteristics of the systems and typically require recurring maintenance. However, under IMP for systems maintenance it is the contractor’s discretion to determine what specific components within a system require PM to meet the system/equipment performance objectives. So in other words, if a contractor determined that PM's were required on certain components (such as pumps, smoke detectors, etc.) in order to meet the system/equipment performance objectives but no inventory was provided, shouldn't they have inquired as to the number of those components that were included, or if not then at least made some reasonable assumption as to the number of components that they determined needed PM?
Additional reference info from the PWS is provided below.
Thanks!
Thomas A. Parenteau
NAVFAC Southeast
Public Works Department Pensacola
310 John Towers Road
Pensacola, Florida 32508-5303
(850) 452-3131 ext. 3081
DSN 922-3131 ext. 3081
FAX (850) 452-9398
thomas.parenteau@navy.mil
Spec Item 2.1.17 Integrated Maintenance Program (IMP) of Annex 0200000 - Management and Administration:
It shall be at the Contractor’s discretion to determine what specific components within a system require PM to meet the system/equipment performance objectives.
Spec Item 2.2.3 System and Equipment Inventories of Annex 0200000 - Management and Administration:
Two types of inventories are provided in the Technical Library. Equipment inventories that indicate the data was taken from the prior BOS contract are provided only to show the variety of equipment that may be encountered in performing this contract. For other inventories not so identified (such as the “Annex 1502000 FFP Work” file), the quantity of items and the sizes of inventories listed in this contract represent the estimated current inventory. Offeror's should consider what is shown is the anticipated inventory for purposes of proposal preparation. In-kind replacements of equipment and systems are included in the FFP. Additional equipment and systems beyond that indicated in the inventories (to exclude in-kind replacements) may be added to the contract via a contract modification.
Annex 1502000, Spec Item 1.2 Background:
Five systems have been defined:
Compressed Air, Fire Protection, HVAC, Domestic Hot Water, and Vertical Transport (Elevators, Auto Lifts, and Dumbwaiters). All components whether they typically require recurring maintenance or not, have been grouped into these 5 systems.
Inventories of systems within the five groups are provided. These inventories are general and include tallies of major components that help define salient characteristics of the systems and typically require recurring maintenance.
It is the contractors’ full responsibility to ensure that each system performs and provides outputs in accordance with the stated performance objectives.
Annex 1502000, Spec Item 2.6.1 IMP System Inventory
The following systems shall be included in the IMP for this annex: compressed air and vacuum, fire protection, HVAC, domestic hot water, and vertical transport. The inventories are provided under the heading, “Integrated Maintenance Program (IMP) in the file, “Annex 1502000 FFP Work”.
2.6.3 Systems, Equipment, and Facilities Components Inventory Maintenance
The Contractor shall create and maintain a detailed CMIS inventory of the systems, equipment, and facilities components identified in the file “Annex 1502000 FFP Work”.
3.2 Accomplish the Assessment Phase (initial period only)
During the Assessment Phase, the Contractor shall create a CMIS systems equipment, and facilities components inventory in the format provided in J-1502000-08, incorporating the appropriate data provided in the “Annex 1502000 FFP Work” file in the Technical Library.
The Contractor shall validate the Technical Library IMP inventories. In the event the Technical Library IMP system inventory information is not correct, the Contractor shall document the actual components for these systems in the CMIS IMP inventory.
3.3.1 Develop an IMP Plan
It shall be the Contractor’s responsibility to determine what specific components within the systems identified in the Technical Library require PM to meet the performance objectives.
3.3.3 Perform Integrated Maintenance Program (IMP) Requirements
The Contractor shall perform IMP on systems and equipment to ensure proper operation, to minimize breakdowns, and to maximize useful life.
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