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  1. by Vernon J. Edwards The Nash & Cibinic Report Courtesy of Thompson Reuters Published with permission of the author The Federal Acquisition Regulation does not define strength. A definition of weakness was added to the FAR by the FAR Part 15 Rewrite, Federal Acquisition Circular 97-02, 62 Fed. Reg. 51224, 51233 (Sept. 30, 1997). FAR 15.001 thus defines weakness: “Weakness” means a flaw in the proposal that increases the risk of unsuccessful contract performance. A “significant weakness” in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance. So a weakness is a “flaw,” which the OXFORD DICTIONARY OF ENGLISH defines as “a mark, blemish, or other imperfection which mars a substance or object.” That clears things up. And thus we suppose that a strength is a perfection that reduces risk and a significant strength is one that reduces risk appreciably. FAR 15.001 also defines deficiency: “Deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. That definition, also added by the FAR Part 15 Rewrite, replaced the definition that had been in FAR 15.601, which was: Deficiency, as used in this subpart, means any part of a proposal that fails to satisfy the Government’s requirements. The new definition muddied up that simpler definition by adding the phrase “a combination of significant weaknesses,” which raises all kinds of questions. (One could base a Master’s thesis or perhaps even a Ph.D. dissertation on the crummy definitions in the FAR.) (November 2021) Please Read: Postscript: Source Selection Decisions.
  2. A Primer On Source Selection Planning: Evaluation Factors And Rating Methods
  3. SCORING OR RATING IN SOURCE SELECTION: A Continuing Source Of Confusion by Vernon J. Edwards The Nash & Cibinic Report Courtesy of Thompson Reuters Published with permission of the author Two protest decisions show that some Contracting Officers do not understand the difference between evaluating proposals and scoring or rating them and do not understand the proper role of scores or ratings in contractor selection processes. In Beta Analytics International, Inc. v. U.S., 67 Fed. Cl. 384 (2005), declaratory relief ordered, 2005 WL 3150612 (Fed. Cl. Nov 23, 2005), 47 GC ¶ 524, the U.S. Court of Federal Claims decided a postaward bid protest in favor of the plaintiff because the source selection official relied on unsupported average scores in making her decision. In YORK Building Services, Inc., Comp. Gen. Dec. B-296948.2, 2005 CPD ¶ 202, 47 GC ¶ 537, the Comptroller General sustained the protest because the source selection official relied on unsupported total scores to make a decision that was inconsistent with the terms of the Request for Proposals.
  4. The forum software upgrade is complete. Much of the upgraded items are not included in what you see because they are turned off. However, one part of the upgrade is to improve the way search engines can identify items on the forum. Theoretically, that should improve how you can find forum posts through google and other search engines.
  5. I will be upgrading the forum software at 8:45 AM. It should take about 5 minutes.
  6. Contract Line Items by Vernon J. Edwards Briefing Papers Courtesy of Thompson Reuters Published with permission of the author
  7. It looks like Leonard may have some company. Navy Officer Turns Witness in Bribery Case That Echoes 'Fat Leonard' Scandal.
  8. This Forum will be upgraded again this evening. It should take a few minutes.
  9. Wow. I missed a couple of years there. Wifcon.com is now 23.
  10. Patrick: I did a google search also. This study dates the DoD WGL system back to 1964 and offers some interesting footnotes. Pricing of contracts was a big issue in the early 1960s. Check the table of contents. Performed under contract with the Air Force by The Rand Corporation: The Impact of the Weighted Guidelines Profit System on Defense Contract Fees.
  11. The Acquisition Research Program of the Naval Postgraduate School, publishes a review called The Crow's Next which contains A Quarterly Review of Research & Activities. So far, it appears there are 2 issues. The 2 issues below include papers and thesis reports. There are plenty of papers. Maybe, you can find something of interest. Issue 1: December 1, 2020. Issue 2: April 2021.
  12. Ahh, our 3 central suppliers with Moe sitting this one out. Curly and Larry got entangled with two forums for protest--an administrative body (Abbot) and the court system (Costello). Of course, that's not enough. Abbot's second-guessers who are called evaluators stirred things up too. On p. 3, the judge described an agency action as: That request added bedlam to already existing chaos.
  13. Vern: I agree that OFPP is dead but it still has it's law and things that the Administrator is charged with doing. I think it's good that you added an item that shows what OFPP might have been. Since few of us were around for the issuance of the Commission on Government Procurement Report, that report listed OFPP as its first recommendation. If anyone wants to look at the way contracting was in 1972, recommendations to improve it then, and think about where contracting is now, the Commission report is at the bottom of this page. PS: I don't know if it is real or not but I dreamt there is a grinning person at the front door of OMB with a stamp that is pressed on the hand of every new Administrator of OFPP when they first enter OMB. The stamp reads "Former Administrator of OFPP" and is shaped like a ticket.
  14. Yesterday, there was an online discussion on Green Public Procurement. Steve Schooner was a participant and his comments on the subject may interest some. He speaks last and his comments begin at 1:17.37. He also mentioned some sites that you could use if you have an interest. I added links to them. Green Procurement Compilation. (GSA) Comprehensive Procurement Guideline (CPG) Program. (EPA) LEED rating system. (USGBC)
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