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USA FEDERAL GOVERNMENT(GSA) BRAND NAME SPECIFICATION

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Rafael Davila
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In these hard times I have frequently been ruled out to do work for some of my clients due to the USA Federal Government insistence on specifying scheduling software by brand name, contrary to good Public Contracts Administration procedures, contrary to own government procurement regulations I thought had the effect of written law.

Perhaps the excuse is for their convenience at the expense of thousand others, at the expense of competition. The following is the content of an e-mail communication I just sent today to the GSA in order to know why?

e-mail to GSA

I would appreciate some hints on how to approach the issue as to make others understand how discriminatory this practice is, and perhaps even against the law. Please provide me with some bullets.

Best Regards,
Rafael Davila

Replies

Shareef Abdul Azeez
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Hiya Rafael

 

Looks like you have reached ur Kill...

:)

 

 

Best Regards

Shareef A Azeez

Rafael Davila
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Very interesting. Look at the table and you will notice the only vendor not interested on the list is precisely the one our government usually brand specify. To me it seems the government does not care any longer, it is a waste of time, for the GSA “these standards are weapons of mass destruction”. Vendor Support Regards, Rafael

mimoune djouallah
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hi all

perhaps this new standard UN/CEFACT, an xml schemas  for exchanging cost and scheduling data. may interest you

https://evg3.dcma.mil/wiki/index.php/Main_Page

Kind regards

Mimoune Djouallah 

Rafael Davila
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Bill,

I do not use MS Project but advocate for a free choice, your effort shall be welcomed and encouraged by everyone. Please feel free to promote this macro here.

Although MS Project is not my choice I understand it is the choice of many others, and for good reasons, the very sophisticated software some of us use is not the appropriate tool for all users. I have a few clients, small contractors than do simple work like retail stores (Marshalls) and Pharmacies (CVS) they prefer MS Project for such jobs and I understand them.

Because I have a need for more sophisticated tools I dedicate more time learning and keeping up to date, the time some others do not have. They are not a few, I believe MS Project is still the most widely used scheduling software in the world and anyone who wants to use it shall be free to do so.

For every multimillion dollars job there are many small jobs that can be handled even by the use of Bar Charts, in such cases MS Project is an overkill. Don't take me wrong, MS Project is not a bad tool, on the contrary, it even has superior resource leveling algorithm than a few of the so called high end.

If some time you want to make the macro available at an MS Project forum just let me know and I will post it on Rapidshare for the benefit of the PP community, of course with the acknowledgement of you being the author.

Regards,

Rafael

Bill Iverson
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I have that conversion written as a Macro attached to my Microsoft Project mpp file.  I originally wrote this conversion in VB6, many years ago, and found the VBA version easier.  Now we've upgraded to MS-Project 2010, and more changes happened, so thinking about a re-write again, maybe out to .NET.  What do you think would be most useful???

Bill Iverson
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I have that conversion written as a Macro attached to my Microsoft Project mpp file.  I originally wrote this conversion in VB6, many years ago, and found the VBA version easier.  Now we've upgraded to MS-Project 2010, and more changes happened, so thinking about a re-write again, maybe out to .NET.  What do you think would be most useful???

Rafael Davila
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Esko,

We have a document that lists Spider Project fields it is a 44 pages document with an average of 50 fields per pages, all these files are necessary to transfer all data within Spider Project, about 2200.

Each software has a unique set of relational tables and many values have no equivalent on the other software. We know transfer of data tables will never be 100% and in addition, each software manipulates the data in different ways.

Someone has to decide on the standard recognizing depending on your software some of it will be read, some will be discarded and that even when 100% can be transferred, something I doubt, then each software might yield different results.

P6 users say they have many % complete definitions, but we do not use them, we use the actual planned or realized values as % complete can create issues with loss of significant digits. We can create our own fields to define hundreds of % complete fields and with formula manipulate some data, I would never go this way though, we prefer to keep the precision.

P6 has financial periods, we monitor performance in a different way, we simply have no need for predefined financial period and can report on any period to the hour, can be starting from any day of the week at a particular hour and ending on whatever date we choose, we do not average the data to latter on end up losing the details, we can define in our reports literally hundreds of financial periods without manipulating the source data, the software will do the math with precision. Here we have a monumental difference between data tables.

Imagine SDEF as a wharehouse of parts for cars, If I have a Toyota and the SDEF has a Subaru transmission it will not fit into my car, same might happen among the software, a few fields can truly be shared, like gasoline, water, motor oil, perhaps the tires but in no way the cars will run the same, the ride on each car will be different.

SDEF shall be targeted as to keep a record of some basic data but we cannot pretend it will result in perfect transfer of data, in their ignorance some people perhaps were expecting too much, a perfect transfer of data and some magic to make all software perform the same. SDEF shall transfer the dates to keep them on a database for the record, to be used only if need be or to transfer fixed dates into a Portfolio, data fixed in time and not to be manipulated by other software.

If you want the data to be manipulated because you are the Contractor or a PM if work is done under a PM Contract then you will need the data to be transferred using a particular conversion utility for each version of source and target format. After this initial transfer the data will still have to be manipulated by the other software in order to get a close model, a not so close model I would call it “not even close”. The best thing you can do is get to “not even close” after a substantial amount of manual work. This is intended to be a one time operation by experienced planner and scheduler.

I believe the only way to solve the issue on being able to see what my software shows is through the use of free viewers that will allow hundreds or even thousands of people take a look at your data, without being able to manipulate it. You shall be able to print your own reports using the viewer. If you want to manipulate the data, the same as the original software, then buy yourself a license of the software.

Still for your records and for some Portfolio Management SDEF is the way to go. SDEF shall provide for you to do data validation and to perform some forensic analysis in case there is need for it, something shall be very rare but in ocassions very relevant. Our agencies must manage thir portfolios and must be able to have the appropiate records in electronic form.

Fortunately, we have Agencies such as the Corp of Engineers where the standard is high. My l experience with the Corps of Engineers is limited to a single job, a water intake at a river. They provided the design of a fish ladder to protect some of our local river fishes; a Marine Biologist from the Corps would follow up on the construction of the ladder and believe they even provided a percentage of the funds for the ladder. The Corps have been involved here in some water reservoirs and everyone respect their professionalism, is top notch.

Regards,

Rafael

Esko Woudenberg
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USACE still specifies use of SDEF (ER 1-1-11)    Section 01320

(Though there is also the option of manually entering the data)

I think that USACE is quite careful about vendor-neutrality...   I imagine there is some govt reg somewhere that would require all branches of US fed govt to do the same though.....

 

 

Interestingly Phoenix Project Management Systems seems to have released an update to their software in June of 2010 that claims to support SDEF spec...  (So at least users might have two vendors to choose from???)

I'm still tempted to write an "SDEF Converter" that would take a "standard" project input file and create a ER 1-1-11 compliant SDEF based on it...    (It would be a lot easier if I had a few standard projects to use as sample files to work with.  ER 1-1-11 is VERY clearly layed out in Appendix A...)  But is there such a thing as a "standard project file" - if not what is the closest thing to it?

Rafael Davila
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Esko,

I agree with you and believe the SDEF Standard is the way to go, even when already obsolete it still can do the job for Portfolio Data. I believe it was the Government who discontinued the use of SDEF on purpose, in collusion with some vendors. Yes an updated SDEF is overdue, even when it will never make different software yield exactly the same results, or even communicate effectively. For example we can define a unique calendar for every lag, independent of a limited choice across the board, we have temas that make it possible to model correctly shift work but P6 do not, therefore only on team is transferred to P6, we have multi-resources and partial assignments, P6 does not, and the list goes on. That is why a free viewer is a must have in order for others to have a complete and unobstructed view of your schedule.

Because Government do not require SDEF most developers abandoned the support for SDEF, and Primavera got to be happy with it, perhaps they still support SDEF as a strategy to avoid being blamed on what in reality is not their fault but the fault of governments, Federal, State and Municipal.

About the Corps of Engineers I must take my hat off and salute them, is a pity other agencies did not followed their example, starting by the GSA. Yes, we still got many good people in our government; the Coorps of Engineers is an example of how good our agencies can be.

Regards,

Rafael

Esko Woudenberg
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I also support open standards ESPECIALLY in government.  (Personally my opinion is that the govt - AT ALL LEVELS - should refuse to "buy" or license software from vendors who do not publicly publish how the data is layed out)

 

I have heard a few corps employees who share my frustration over Primavera apparently being the only project management vendor that supports the ER 1-1-11 SDEF format...  (That spec was defined in 1995)  

It would be nice to see some kind of "open-ended" spec implemented that is not "locked down" to a specific set of data AND layout like ER 1-1-11.  Seems like some kind of standard that can "automatically" grow with time that is equally available to all players...   Similar to the OpenDocument standard for word processing but designed to accommodate the needs of project management (Unfortunately vendors benefit from "user lock-in" and have a built in incentive to never create such a standard. )

Esko

 

Rafael Davila
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Esko,

Whatever the excuse it does not justifies a monopoly. There are still many people in government that believe the ends justify the means. It happens in our military, in our Federal, State and Municipal level, but that a procurement agency such as GSA openly disregards good government practices is abusive.

Probably the government abandoned the idea of such specification because it is easier for them to specify single software at the expense of the Contractors and other software vendors. They do not care at all, if you got a government job you have to kiss their butt and thank them in hope they do not retaliate and get the jobs to other jurisdictions.

The problem with exporting to P6 or any other standard specification is that during the process a substantial amount of fields are not transferred, essential data fields needed for more advanced resource leveling and loading than what neither the specification or P6 can handle. You end up with a different model. By simply requiring electronic files and a free viewer capable of displaying all fields and logic the problem can be tamed.

For Portfolio Management the projected dates shall be enough, this can be transferred by use of the specification you are talking about, even the Flintstones Version will do it.

Asta Power Project and Spider Project provide for such free viewer, perhaps P6 shall be required to provide a free viewer.

Regards,

Rafael

Esko Woudenberg
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I suspect the problem is related to an ancient SDEF specification that has been around for more than a decade.  It is my understanding that Primavera is the only vendor left that still supports exporting to this ancient  SDEF specification.  (Do a seanch for ER1-1-11 if you want more detailed info on the spec)

 

I did some checking a few years ago to see if there was an "industry standard" project management format that would allow all vendors to work on a "level playing field" and it seems that there was an effort to create such a standard file format...    (unfortunately it appears this effort "stalled out..."   anyone know anything about this?)

 

I really don't think it would be that hard to write a "project conversion routine" that would take a "standard" project file as input and create a SDEF file in the required Corps of Engineers format as output.  Unfortunately the closest thing to a "standard" that I could find which was widely supported by different project management vendors was Microsoft's "project" format.  (I generally cringe at being forced to work with Microsoft "standards...")  

It seems to me that it would only take about a week to write such a tool and could potentially open up the "sdef interface" to dozens of vendors that do not currently support it...

I do not normally "live" in the project scheduling world but thought it might be an interesting little side project...   I don't really know anyone that does live in the project scheduling world and do not want to make inappropriate use of work-related contacts to support a side thing...    That and I'm not really sure I'd want to pour a couple weeks of my life into trying to support a vague concept of "fairness."

(I do not speak for my employer or the army corps of engineers and I may be completely wrong on some of the above statements since most of it is based on 3rd hand information...) 

Esko

Rafael Davila
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Because usual confidentiality requirements I will not post the Specifications but will post my comments to GAO as follows.

COMMENT NO 01

The use of an independent CPM consultant is contrary to other agencies policies as to promote the use of in-house personnel for the creation of the CPM Schedules. Today Project Management courses with emphasis on its application in the Construction Industry are frequently taught at most Civil Engineering Colleges. Usually contractors have qualified personnel with engineering degrees, with the experience into the planning of the types of jobs that the contractor does. The requirement to use external scheduler promotes low Project Management culture among the contractors.

People experienced in the type of work to be performed shall do the planning; planning shall not be done by an external scheduler, at times a keyboard jockey that has typed a few similar jobs for a few contractors, this do not qualify him as a planner, perhaps as a data entry clerk. The experience requirement shall rest on the qualifications of the General Contractor assigned Project Manager, the person responsible and with the authority to do the planning.

Scheduling is a tool for planning, not otherwise.

Project schedule shall be developed taking into account Contractor resources capabilities and availabilities, internal production norms and resource crews. It may take more time to teach external consultant on Company specifics than to create the schedule by trained internal team. In any case if to involve external consultants or not shall be Contractor business decision. The Client may insist on certain requirements to the schedule model but who created the satisfactory model shall not matter much. The requirement that Consultant shall not have any financial or business ties is absurd. Construction Schedule is usually created by project management team that includes project manager, project planner, project estimator, procurement specialist, cost engineer, and site managers, is a team effort. Including external Consultant in this team may be useful but only Contractor shall decide if external help may be useful.

Construction schedules shall be created basing on the quantities of work to be done with the application of the corporate databases like production norms, norms of material requirements per job physical unit (volume unit), etc. Primavera does not work with physical quantities of work and norms. Therefore, we will not be able to collect actual data on the work done (in physical units) and enter it in the scheduling tool for automatic rescheduling of the remaining works. Primavera is based on time estimates that may be sufficient for non-demanding Client but not for the Contractor.

COMMENT NO 02

The qualifications requirements are not specific, I suppose under such ambiguous specification the interpretation is whatever is reasonable to be interpreted by the one who did not wrote the contract, a usual interpretation of the law.

In the same way brand specification shall not be done, the qualification requirements shall not be discriminatory to our professionals trained in Puerto Rico in Colleagues and Universities accredited by recognized institutions like the Council for Higher Education Accreditation. Perhaps accredited technical institutes can be acceptable but not to exclude our institutions of higher learning.

Once again, the experience requirement shall rest on the qualifications of the General Contractor assigned Project Manager, the person responsible and with the authority to do the planning.

“We are the only who can qualified you” It is kind of a snobbish attitude that can leads to unjust rejection or even worse, favoritism to a particular brand and service suppliers.

I did not see any specific qualification requirements. But presenting the schedules of other projects is unbelievable. Here construction companies will blame the Consultant for disclosure of their confidential information. Construction schedules are usually based on internal norms and cost estimates that are confidential. It is usual to sign non-disclosure agreement with persons that are involved in construction planning.

In my professional practice, I consider the non-disclosure agreement signed by my clients as if signed by myself, after a job is finished all paper and electronic files are delivered to the client and I keep no copy as a statement of my commitment not to disclose confidential information.

In any case limiting the schedule preparation to an External Consultant is a bad practice and foolish requirement. Forcing the contractor to change his planning tool, on every job, as if an underwear change is also bad practice and foolish requirement.

COMMENT NO 03

The repetitious use of the Primavera brand speaks by itself, this is a brand name specification intended to rule out all others. Is against the most basic procurement policies intended to promote competition and to get good value for public money expenditures.

COMMENT NO 04

The specified format for the Complete Network Diagram is impractical for the required schedule size, required perhaps because of the inability of Primavera Products to generate better ways to follow the network logic. Yes, they create impressive graphics, perhaps good to be displayed as if a Picasso, but useless to follow when the schedule is of several thousand activities. I cannot imagine anyone who would use such diagrams for complex jobs as thousands of links spanning the multiple pages will become impossible to track. Remember thousand activities means at least twice the thousand number of activity links.The importance of being able to follow network logic is not in question, but shall be performed using practical methods.

Although useless for most practical purposes these diagrams are available on most commercial software, the requirement should be for a better report and better computer layouts that will help you to audit the logic with the aid of a computer, PERT trace logic available in most software still falls short, is inefficient. These diagrams are limited as to how much of the information can be displayed, particularly links related fields. However, Primavera software lacks good layout views for this purpose as available in more advanced software. Some Primavera reports can make up for the lack of these views.

If on average you can squeeze the diagram boxes as for each have a tributary area of 3inx3in then 3500 activities would require 31,500 square inches of area, the equivalent of about 25 sheets of the required size 30x42 inches. Because the geometry of the network is irregular this estimate fall short but a gross estimate could be that a surface as big as a tennis court would be required to display all sheets, scotch taped on common boundaries, of course the use of additional empty sheets can be waived, just print those containing the little boxes.

For a 3,500 activities network estimating that an average of 3% or 105 activities fall into the critical path perhaps you can estimate twice this amount as to the quantity of columns required to display the network grid. This is because in between nodes a couple of critical activities might occur in parallel with a larger number of activities, also in tandem but of shorter duration as not to make the path critical. This would make the grid to be of 210 columns, at 3in/column will require a 52ft long display.

I wonder if an IMAX theatre wall would be enough to display such a diagram for a larger job, say a 60,000 activities job.

COMMENT NO 05

The requirement for number of activities is a wrong method to specify required level of detail; it is better specified as to maximum activity length and other requisites as already required in the specs. The activity count shall be as many as required, if 3500 is not enough then it is not enough but if 2543 is enough then it is enough.


COMMENT NO 06

The requirements for how risk analysis is to be performed is not disclosed, is ambiguous leaves it opens to the caprices of the VA, maybe only as per the Primavera ways, even when other software can provide such analysis in way that is more efficient.

The specs requires performing risk analysis using additional software as Primavera P6 is by itself off the shelf is incapable of performing such analysis. They usually export the schedule to separate software known as Primavera Pertmasterto perform what is known as a Monte Carlo Simulation. However,Premaster uses a different scheduling algorithm than P6 so the modeling from the start is in bias. Of course, no single project has statistical analysis of hundreds of similar jobs for the probabilistic distribution being other than a “foolish” guess. It does not mean statistical analysis is useless, just that it is not as precise as people believe or pretend. Are they to suggest you use a standard distribution across the board for all activities? Under what reasoning?

The Contractor must make sure his scheduler qualifies to perform such analysis, whatever qualified means, they should be clear prior to bid opening what the qualifications are, otherwise who is to interpret the requirement?I suppose under such specs the interpretation is whatever is reasonable to be interpreted by the one who did not wrote the contract, a usual interpretation of the law.

Perhaps they want to disqualify non-Primavera products with this requirement but there is more sophisticated software than Primavera commercially available at lower cost. They are promoting a low Project Management culture or perhaps none culture at all, they want contractors and everyone to believe contractors are incapable of performing their own scheduling with their own people. If the government has a need to manage their portfolio of jobs they can do that merely by requiring the information to be submitted in a standard file format.

Excluding other software vendors is like asking a contractor to use exclusively Caterpillar brand when most of us have Komatsu. I have a Toyota 4Runner, can I drive to the meeting on it or it must be a Ford Pinto?

Besides, Risk Analysis is not only mitigation plans. Using risk simulation we will get the probabilistic distributions for project duration and cost. To make project targets reliable we shall create and manage contingency reserves. It means that working schedule shall be tight but the reserve shall belong to Contractor. In other case, risk simulation is useless. Float consumed by the Owner reduces the Contractor contingency and must be replaced with EOT. If the owner pretends to share ownership of float then once again, risk simulation is useless.


COMMENT NO 07

Among the remedial actions called for is the increase of construction manpower and the use of shifts. However, primavera is incapable of modeling the creation of resources and true modeling of shifts.

Although I do not have P6 as I do not use it was disclosed on a Planning Forum that.

1) P6 does not provide for the creation of resources; only use fixed dates to determine the availability of resources. This is not how the Contractor plans his work force; we determine reasonable levels of work force depending on the stages of work. During peak concreting phase we keep a certain level of manpower while thereafter the availability is reduced, otherwise idle resource costs would drain our profits, if any. On many thousands activities job with hundreds of resources types manually adjusting the availability is impractical.

2) P6 cannot effectively model shift work.

“P6 models shift work only if you know before scheduling what work will be done in what shift. Of course, it is not known. For example, imagine some work that has 6 hours duration. It may be done in first shift, second shift, or one part in the first shift and another in the second shift. In Spider Project, you can assign both shifts and the work will be done by those resources that are available. In P6 you shall specify what work will be done in what shift. So an activity will be delayed until assigned resources will become available.”

I would add that Primavera P6 resource leveling algorithm is inferior to many other available out there. Even NASA uses an add-on called Aurora to use it as the engine. On their site with a sample schedule Aurora demonstrated the superiority of Aurora over P6 with regard to resource leveling. I modeled the same sample job using my software and got better results than Aurora who got better results than P6. Even with MS Project, allowing for activity splitting I got better results.

http://www.stottlerhenke.com/products/aurora/Turnaround/2009-10-01_Auror...

From the above link:

“The goal of resource leveling in Primavera P6 is to provide the user with a valid resource loaded schedule that does not have any over allocated resources. Primavera P6 does not try to optimize the allocation of resources in order to generate the shortest resource leveled schedule. Even though Primavera does not purport to providing and optimize schedule, is likely that many users of Primavera P6 are NOT aware that the results from the resource leveling process are not optimal, and could be improved upon significantly.”

How can it be possible we are denied the opportunity to use a better tool? Is it a non-written government policy to require all the exclusive use Primavera products?

COMMENT NO 08

The limitation on the amount of characters to be used on the activities ID combined with the limitation on Activity Description will make it almost impossible to navigate on the activity drop down menus to select particular activities. This will make it harder than necessary to create a numbering system for organizing and grouping of activities, it is common practice to use letter prefix in addition to numbers in order to do so. It is not just about the organization of views and reports but also about the creation of filters.

A FEW ADDITIONAL COMMENTS ABOUT THE SPECIFICATIONS AS ISSUED:

The specifications do not address the handling of the followings issues:

1- The specifications do not suggest creating contingency reserves. It means that any created and approved schedule will have low probability of successful completion. If the statistic results from the cumulative distribution curve for the predicted job duration are not considered in any way for the determination of an appropriate level of buffer then the statistical analysis is essentially a futile exercise. The management schedule must target for an early completion date in the hope it will finish on time. Some schedulers use Critical Chain theory but this lacks the methodology to determine appropriate level of buffer and induces artificial delays when apparent float is consumed and buffers enter into play, also resource-leveling algorithms are fooled.
2- The in-appropriate handling of rain days with the use of calendars for this purpose fools the early dates in a similar way Critical Chain and use of buffer does. The appropriate model would target for an early completion in the hope the job will finish on time, the possible effect of rain would be part of the risk analysis, and unfortunately, the specification is unclear and can lead to the use of wrong model.
3- The specification makes no reference for a standard procedure for Time Impact Analysis. There are several published standards, but which one?
4- The specification makes no reference to the use of a WBS or Work Breakdown Structure. If they insist in the use of P6 and a WBS that fits their particular need, with absolute disregard to our needs,the software will deny us to use our own. Primavera does provide for a single WBS dictionary, while my software of choice allows for multiple WBS definitions, this would allow satisfying the need of all.

In my 30 years experience as an engineer and Project Manager in multiple construction jobs I have never been confronted with such restrictive and biased specification for the use of a planning tool that shall be the contractor’s choice. Yes, I understand the need for some electronic transfer of data that will allow the Owner to manage their portfolios of jobs using the software of their choice, but it shall allow the Contractor to do the same, to use the software of his choice. There is no need for brand specification when the transfer can be using an open standardized file format.

A good technical specification shall be based upon the expert experience of many years, not improvised.

The same arguments I have against the use of P6 brand specification in government procurement stands for any software, I firmly believe that even my software choice shall not be named.

Best Regards,
Rafael Davila
Rafael Davila
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Yes, it is a catch 22.

http://en.wikipedia.org/wiki/Catch-22

If tail, I lose if heads they win. No matter what I am not an interested party, but perhaps it means under their jurisdiction. It is a matter of finding under what forum I have standing.

However, I still have faith in our system; remember if you look at the references, some agencies such as The Corps of Engineers have a different attitude and point of view.

At some agencies, there are still some Mummies in high positions. Some agencies have been subjected to criticism by our associations like the AGC / Associated General Contractors of America. There was a notorious agency that was criticized by the AGG for its attitude against contractors, it was even said no contractor ever have done work twice for that agency. It was years ago and I cannot recall what agency, but if I can get a copy of the article, I will post it here. You might be surprised of what is that agency.

Best Regards,
Rafael
Did I understand the reason correctly: the protest was dismissed because you do not represent potential bidder?
Since there are strict requirements the company that does not agree with contract requirements cannot bid. If it does not bid then it is not an interested party.
Is it Catch 22 or I missed something?
In Russia citizens can apply to the Anti Monopoly Committee. Do you have something like this?
Best Regards,
Vladimir
Rafael Davila
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Seems like GAO is not the appropriate forum, yesterday I received a communication from the GAO Office stating that because I am not in a direct contractual relationship with the federal government most probably GAO has no jurisdiction.

Today I received this communication.

Decision
Matter of: Rafael Davila Marcano
File: B-403468
Date: August 11, 2010

DECISION

Rafael Davila Marcano, of Bayamón, Puerto Rico, protests the terms of request for proposals (RFP) No. VA10110RP0090 issued by the Department of Veterans Affairs (VA) for construction of an outpatient addition to the VA San Juan Medical Center.

We dismiss the protest because the protester is not an interested party. The RFP sought proposals from general contractors to construct a new addition to an existing outpatient building at the VA San Juan Medical Center in Puerto Rico. Mr. Davila Marcano protests, among other things, that the requirement for the contractor to provide computer produced schedules using Primavera software is unduly restrictive. Under the bid protest provisions of the Competition in Contracting Act of 1984,31 U.S.C. §§ 3551-3556 (2006), only an “interested party” may protest a federal procurement. That is, a protester must be an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or the failure to award a contract. Bid Protest Regulations, 4 C.F.R. § 21.0(a)(1) (2010). A protester is not an interested party where it would not be in line for contract award were its protest to be sustained. Four Winds Servs., Inc., B-280714, Aug. 28, 1998,98-2 CPD ¶ 57. Under these rules, a prospective subcontractor or supplier does not qualify as an interested party. Dash Eng’g, Inc.; Engineered Fabrics Corp.,B-246304.8, B-246304.9, May 4, 1993, 93-1 CPD ¶ 363 at 5. Here, Mr. Davila Marcano is a prospective supplier of services to general contractors. As such, he is not an interested party.

The protest is dismissed.

Lynn H. Gibson
Acting General Counsel

*************************************************************************************
From:
http://www.aigclaw.org/tic73.html

The General Accounting Office

Other considerations: The GAO will usually hear only a party in a direct contractual relationship with the federal government, so it is not a satisfactory forum for a subcontractor experiencing award difficulties with its Prime unless the subcontractor has somehow accepted direct responsibility to the federal government under its contract, perhaps through the filing of a teaming agreement.

Is obvious it is uphill as per GAO’s history, follow the link;

http://federalconstruction.phslegal.com/articles/bid-protests/

“ ...... Considering the GAO’s history of denying most of the protests that come before it, today’s outcome is likely a surprise to the many who expected the Office to stand behind the Air Force’s source selection. “

Well got to look at other places.

Best Regards,
Rafael
Rafael Davila
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For assignment and status information, please refer to the on-line Bid Protest Docket, accessible via the Legal Products link on GAO’s home page (www.gao.gov).

RD Protest Docket


Rafael,
I think that the problem is much deeper.
Most Clients (and the Government is always a Client) have no needs for scheduling constrained resources of Contractors. They prefer to pretend that Contractors shall have unlimited resources and ignore resource management problems and the needs for contingency reserves.

Wise Clients understand that there is contractual schedule that is used for monitoring of contract performance and internal Contractor’s schedule that is used for management of Contractor’s limited resources and shall be more tight and have some reserves for unknowns.

The best Clients acknowledge these needs and help their Contractors to create and manage realistic schedules understanding that Contractors problems are their problems.
I have met Wise Clients. Did you meet the Best?

So simulation of shift work and calculation of resource constrained floats is not interesting for most Clients and I am not sure that these arguments will be considered.

P6 models shift work only if you know before scheduling what work will be done in what shift. Of course it is not known. For example imagine some work that has 6 hours duration. It may be done in first shift, second shift, or one part in the first shift and another in the second shift. In Spider Project you can assign both shifts and the work will be done by those resources that are available. In P6 you shall specify what work will be done in what shift. So an activity will be delayed until assigned resources will become available.

It is not much to say about resource constrained floats calculations by P6. It just produces wrong results.

There are many other functionalities even more required by Contractors like application of construction norms (resource productivities on typical assignments, material requirements per physical work unit, etc.), management of parallel budgets (internal expenses and contractual costs), etc. that are not supported by P6.

The Client also may have requirements that are not supported by P6 like financial and material leveling, keeping project archives, trend analysis, etc. but it means much higher project management maturity than most Clients have.

Best Regards,
Vladimir
Rafael Davila
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Vladimir,

I understand Primavera cannot not model shift work properly and now I can see at another thread it does not calculate resource floats correctly. I believe that the argument Primavera cannot do these two functions properly can add to why Primavera shall not be brand specified. That Primavera computations are wrong can be a good argument against its use.

Can you provide me with a concise explanation for each case of why it cannot?

Best Regards,
Rafael
Rafael Davila
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Bullet no 3

http://www.cohenseglias.com/government-contracts.php?action=view&id=167

“CICA also amended the protest procedures that are contained in Part 33 of the FAR. Specifically, it established that a protest before contract award to the Government Accountability Office (GAO) will cause the award to be suspended until GAO rules on the protest. It also established a deadline of ninety (90) work days for GAO to issue a ruling or forty-five (45) calendar days if the express option is requested by either party.”

http://www.gao.gov/legal/bidprotest.html

http://www.gao.gov/decisions/bidpro/bid/d09471sp.pdf
Rafael Davila
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I tried the following with no response to let me know if the communication was received and if I can expect some type of action or not, not response whatsoever to tell me my case has or no any chance. Any other ideas will be welcomed.

T1 and T2

T3

For your knowledge GSA issues with software suppliers is not a new thing. As I see it Monopolies are good business, the problem is when it reverts against your choices.

ORACLE and GSA

Well being sarchastic is all what is left but I am not giving up, even if it takes a lifetime.
Rafael Davila
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http://www.willkie.com/files/tbl_s29Publications%5CFileUpload5686%5C3029...

procurement preferences

Bullet No 2: Procurement preferences for specific solutions or software by government agencies is against the USA/Obama public policy against such detrimental practice.

Maybe UN agreements do not matter as we are above them, is our right as we pay a lot of money to them, we are the boss. Argument about agreements with the UN won’t make half a bullet, perhaps a joke.

*********************************************************************************
see also the following related links:

http://www.whitehouse.gov/omb/memoranda_fy04_m04-16/

http://download.microsoft.com/download/A/C/7/AC7EACC6-87F4-4ADD-B8C4-DE6...

http://www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf

NY State Procurement Guidelines

Come on Ladies give me some bullets.
Rafael Davila
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From:

http://www.cecer.army.mil/techreports/Eas_fix/Eas_fixb.pdf

no need

It is obvious there is no need for proprietary scheduling software specification other than stubbornness of the government officials who insist in insubordination or perhaps a conflict of interest due to possible corruption.

Best Regards,
Rafael
Rafael Davila
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Lawrence,

You wrote “Another thing, us big, bad bully government types also review the resumes of the contractor’s proposed scheduler for the project. If he/she is not up to standards, they don’t work on the project. Additionally, if you don’t perform, you can be removed from the project.”

I don’t understand why this comment, unless because if you cannot get me through the software you would look elsewhere, we all know of this attitude. I would like to know about your resume because I doubt you would make it to my standards. If you got a degree from a neighborhood college such as Cornell or Rensselear Polytechnic Institute won’t make it, got to be from a better college, something better known worldwide such as CalTech or MIT. Accreditation from questionable PM institute shall also be rejected, let it be a PE so there is some legal responsibility regarding “ethics” or code of conduct. Also, add the requirement for prior experience submitting CPM schedules to your agency, in this way no new scheduler will come to surface, figure it out yourself about when all with prior experience die. Don’t forget about the requirement for the blessing of the local NY Mafia boss, for a change make it a written requirement.

Assuming the Mafia boss blessing can be obtained I would be able to comply with all these requirements except one; I still would have problems with the requirements for prior schedule submittals to your agency. For your knowledge, there is PE reciprocity between PR and NY State just in case you are not aware of this. However, I believe you want me out at all cost.

Would you qualify?

Vladimir,

Somewhere you told me that it would be acceptable to allow you to use your own software and just require you to submit Primavera xer files. This I cannot accept, it is still biased on favor of Primavera, still has the corruption smell, this is why a few honest government people came out with the non-proprietary data exchange format. We have to awaken these few honest people in government, I still have the hope there are a few good men in USA public service.

Industry will benefit from a required standard as all software vendors will provide for a common and open format, then we all will be able to import/export without intermediate conversion steps. No one will be penalized in any way, neither private enterprise nor government.

The lazy and incapable government official that cannot generate any report from these standard files shall be expulsed from public service.

Best Regards,
Rafael
Hi Lawrence,
you wrote that "you aint using Spider Project on any of my projects".
Please explain why. It is very interesting to me.

Besides, you wrote that Primavera works fine for you but if somebody relies just on the schedule to plan his manpower, then he is a fool. It tells a lot about the quality of the schedules that you accept.

Best Regards,
Vladimir
Lawrence Cuozzo
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Rafael -

Of course you are entitled to your opinion and what software you want to use. I was just relating MY experience to give another point of view. A CPM schedule is a tool. It is not the end all of a project. Most competent project managers will not rely solely on a schedule due to the fact that it is not always accurate. Additional side files in various formats are kept tracking and for most of the people I come into contact with, its not a major issue as to whether Primavera calculates resources exactly correct. If you rely just on the schedule to plan you manpower, then you are a fool.

Do we all like Microsoft Windows? No. Does it have bugs? Yes. Does it do things exactly right? No. But it is the accepted standard by most and the majority uses it and its associated programs. You can be a one man crusade for Spider Project if you wish - that’s your right, but you aint using it on any of my projects.

Another thing, us big, bad bully government types also review the resumes of the contractor’s proposed scheduler for the project. If he/she is not up to standards, they don’t work on the project. Additionally, if you don’t perform, you can be removed from the project. No Contractor has ever complained about this yet, nor has it stopped him from signing a contract with the evil government.

To my knowledge nobody I know is "in bed" with Oracle. Over time, Primavera just became the standard, because it was better than most. People got used to it. Once again, I’m not saying it is the best thing since sliced bread, but it is what is currently accepted in MY neck of the woods and works fine for us.

Best regards,

Lawrence
Rafael Davila
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America the land of the free
Rafael Davila
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Lawrence,

Contractors are afraid of Government retaliation; they just shut up their mouth because Government can be a bully. Even FAR recognized this and a few years ago it was accepted and required to submit schedules in a generic standard known as the Standard Data Exchange Format (SDEF). Your attitude of take it or leave it is the same attitude of our government representatives that believe we must knee to their whims.

If you work on private industry, the rules of procurement are different but you as a government employee might be receiving kick back from Brand Name Suppliers if this is allowed, it may lead to government corruption, is just basic Public Administration 101. I sincerely believe there are many government officials receiving kickbacks from suppliers, I have no doubt about it.

That it is convenient for you does not justify brand name specification, even in the absence of a kickback. I understand some government agencies, especially in New York some agencies not only brand specify Primavera products but in addition do require contractors to use and keep their files on a government remote computer, I see this as intrusion into their privacy, and the data shall be private until released. I have a different view from yours of what a democratic government shall be.

You wrote, “In fact 99.9% of them (and their scheduling consultants) already use Primavera.” It is a no brainer; if you mandate Primavera always, they had no other option. I wonder what the 0.1% did to get away of your requirement for Primavera.

You said, “It sounds like your annoyance at the Primavera requirement is a personal thing to me.” Well I do not use the software, as I believe it to be a BUG, if this is what you call personal then it is, but believe an opinion shared by many PP members, many personal opinions. This is a free country and we have the right to make our own opinion.

I am a legitimate US Supplier of services, I use my own tools and I am denied work because the Government insists on brand name CPM specifications and no longer specifies the SDEF format. I am an American citizen who work in a US territory and my work is 100% "American".

To me the Primavera requirement is a big deal; I find it to be a piece of crap. Maybe Microsoft does not claims for a piece of the cake as it already got a big chunk and is frequently on court because of monopolistic practice; otherwise if not because of their glass ceiling they would be claiming against such practice. I believe government by using brand name specification not only is promoting corruption but also monopolies, Microsoft and ORACLE are just sharing the big chunk.

That you are paying us well is a phallacy, we get jobs by submitting the lowest bid, these are the rules of government procurement unless you also omit this one. We do not have to kiss your behind because we win a job; we win jobs it by being lowest qualified bidder unless qualification is another issue you will play with.

You said, “I don’t know of any contractor (in these times especially) who would complain about using Primavera and therefore not be interested in a huge profit because he was afraid of irritating some scheduler who had a problem using a specified software.” Yes hard times make it easier for government employees to bully and take advantage, makes it easier to intimidate with arguments such as "take it or leave it".

Under exceptional circumstances, Brand Name Specification by federal agencies is against the law, reference court cases are everywhere, that some unscrupulous government agencies insist in breaking the law is another issue.

http://www.cohenseglias.com/government-contracts.php?action=view&id=264

Best Regards,
Rafael
Lawrence Cuozzo
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Hi Rafael -

I have been working in the public sector for years and we have always specified that the contractor use Primavera. To be honest,after 30 years and dozens of projects, not one of them has ever complained about preparing their schedules using Primavera. In fact 99.9% of them (and their scheduling consultants) already use Primavera. As far as getting a copy of the software, that requirement is also in our specifications and its provided for us by the contractor. I’m not saying that there aren’t better products out there, but to me (and obviously many Project Control managers) the Primavera "requirement" is no big deal. And no contractor has ever even suggested that it was "against the law" to specify a brand of scheduling software. You (Mr. Contractor) are building something for me and I am paying you well for your services. So, just as I can specify a certain brand name piece of equipment for you to install, I can specify the software for you to use to track the project. If you don’t like it, don’t bid the job. Hey, you can use whatever you want for YOUR in-house files, but give me MY copy in Primavera format. It sounds like your annoyance at the Primavera requirement is a personal thing to me ;-). I don’t know of any contractor (in these times especially) who would complain about using Primavera and therefore not be interested in a huge profit because he was afraid of irritating some scheduler who had a problem using a specified software.

Best regards,

Lawrence
Rafael Davila
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Thanks Vladimir,

I will call it Bullet NO 1.

Bullet no 1.

If the organization has mature PM system based on another software this requirement may destroy its project management processes.

-----------------------------------------------------------------------------

Yes, many (shall I say all ) Construction Companies have some management processes that depend on their knowledge of particular software of their choosing. A knowledge that took years to acquire as many manage their jobs using their own personnel and do not use outsiders as the GSA pretends. A software selection based upon many factors that shall not be by government intervention into the ways of private enterprise, it goes to the bare bones of “means and methods”.

Note I do work only for companies I know for many years, I know their field personnel and interact with them not only about scheduling but also about other issues such as means and methods. The interaction is not the same as with “outsiders” because there is a trust factor especially with regard to estimates and quantity take offs, too much at stake to rely on outsiders.

Even if the Primavera software is provided free by the Federal Government it won’t make it fit our needs, it won’t make it a good product, it will still be missing many of the functionalities Spider Project has.

Will keep you informed if the GSA replies, if not perhaps I will disclose the GSA e-mail address and maybe with the help of PP community we can get some positive response.

Best Regards,
Rafael
Good luck!
Please inform us on their reply.
I can understand the requirement to submit project data in the certain format but not the requirement to use the specific software.
If the organization has mature PM system based on another software this requirement may destroy its project management processes.
Best Regards,
Vladimir