Appendix 3C "Determination and Findings for Time and Materials and Labor Hour GSA Fss Orders"

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Guide to Judiciary Policy
Vol. 14: Procurement
Ch. 3: Purchasing Methods
Appx. 3C: Determination and Findings for Time and Materials and
Labor Hour GSA FSS Orders
Title of Effort: ________ [Title of the statement of work or requirement]
GSA FSS Contract Number: _______________ [GSA FSS contract number]
Agency Order Number:
_______________ [Judiciary order number]
Contracting Officer Information: __________ [Name, position title]
Description of Effort: ___________ [Brief description of the type of supplies/services
to be acquired]
Total Estimated Cost: _______________ [Estimated dollar amount and type of funds]
1. A fixed price order is not suitable for this order because it is not possible, at the time
of award of this order, to accurately estimate the extent or duration of the work or
anticipated costs with any reasonable degree of confidence.
2. The following market research methods were used to make this determination.
3. The current requirement has been structured to maximize the use of fixed-price
orders by [limiting the value or length of the time-and-materials/labor-hour order; and/or
establishing fixed prices for portions of the requirement].
Last revised (Transmittal 14-013) March 18, 2019
Guide to Judiciary Policy
Vol. 14: Procurement
Ch. 3: Purchasing Methods
Appx. 3C: Determination and Findings for Time and Materials and
Labor Hour GSA FSS Orders
Title of Effort: ________ [Title of the statement of work or requirement]
GSA FSS Contract Number: _______________ [GSA FSS contract number]
Agency Order Number:
_______________ [Judiciary order number]
Contracting Officer Information: __________ [Name, position title]
Description of Effort: ___________ [Brief description of the type of supplies/services
to be acquired]
Total Estimated Cost: _______________ [Estimated dollar amount and type of funds]
1. A fixed price order is not suitable for this order because it is not possible, at the time
of award of this order, to accurately estimate the extent or duration of the work or
anticipated costs with any reasonable degree of confidence.
2. The following market research methods were used to make this determination.
3. The current requirement has been structured to maximize the use of fixed-price
orders by [limiting the value or length of the time-and-materials/labor-hour order; and/or
establishing fixed prices for portions of the requirement].
Last revised (Transmittal 14-013) March 18, 2019
Guide to Judiciary Policy, Vol. 14, Appx. 3C
Page 2
4. On future acquisitions for the same or similar requirements, the judiciary CO plans to
maximize the use of fixed-price orders by [limiting the value or length of the time-and-
materials or labor-hour order; and/or establishing fixed prices for portions of the
requirement).
5. Prior to an increase in the ceiling price of a time-and-materials or labor-hour order,
the judiciary CO must:
 Conduct an analysis of pricing and other relevant factors to determine if the
action is in the best interest of the Government and document the order file;
 Follow the procedures in Guide to Judiciary Policy, Volume 14, § 310.50.63
(Limiting Sources on Orders Placed under Federal Supply Schedules) for a
change that modifies the general scope of the order; and
 Comply with the requirements in Guide, Volume 14, § 310.50.30 (Inclusion of
Items Not on Schedule) when modifying an order to add open market items.
Determination and Findings for
Time and Materials and Labor Hour GSA FSS Orders
Based upon the findings above, I determine that the use of __________ [time-and-
materials; or labor-hour] contract type for this order is in the judiciary’s best interest.
I prepared the determination and find it adequate for approval.
Signature: ________________________________
Date: ____________________
Typed name: __________________________________________________________
Contracting Specialist/Officer______________________________________________
I reviewed the determination and find it adequate for approval.
Signature
_______________________________
Date: _____________________
Typed name: __________________________ Branch Chief: ____________________
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