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Everything posted by bob7947
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This procurement drew a crowd of protesters and a 108 page COFC opinion. Ekagra Partners, LLC, Unissant, Inc., AttainX, Inc., Logistics Systems, Inc., Arch Systems, LLC, Alpha Omega Integration, LLC, Garud Technology Services, Inc., Constellation, Inc., Chakrabarti Management Consultancy, Inc. v. U. S., and Novilo Technology Solutions, LLC., CAN Softtech, Inc., et al., Nos. 23-1610, 23-1667, 23-1668, 23-1675, 23-1676, 23-1721, 23-1792, 23-1814, 23-1844, March 7, 2024. (108 pages), (March 11, 2024)
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S. 3626: Conforming Procedures for Federal Task and Delivery Order Contracts Act of 2024 is intended to clarify task and delivery order solicitation and contract requirements. This Senate bill was recently introduced and probably won't be enacted as a stand-alone act. If it gets anywhere, it most likely will be stuffed into the next NDAA
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Use of FAR Subpart 37.2 with Interagency Agreements
bob7947 replied to CldGrl22's topic in About The Regulations
This topic is being closed due to no response from the OP, in accordance with . . . 17. Original posters must not disappear after they post a question. Disappearing makes it impossible to provide clarifications of the original post so that others may respond intelligently. It is normal for the original poster to be asked for clarification. The Orginal Poster has 5 calendar days after the original post to answer any questions. After that, the Topic will be locked. -
I will keep this topic open for a little time to see if the original poster comes back. If not, I will delete the topic.
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In two recent articles, Ralph Nash and Vern looked into whether the process of competitive negotiation (source selection) “works” to encourage firms to do business with the Government. See Our Competitive System: Does It Work?, 36 NCRNL ¶ 70, and Postscript II: Our Competitive System, 38 NCRNL¶ 3. They think the process is cumbersome, takes too long, and is too expensive. In Postscript II, they argued that the competitive system (rules and procedures) is badly designed and maladapted to present circumstances. In this article, they want to show, by way of example, that the system is worse when the bad design is poorly executed. See POSTSCRIPT III: OUR COMPETITIVE SYSTEM by Vernon J. Edwards.
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Has Anyone Seen the ASBCA?
bob7947 replied to bob7947's topic in Proposed Law & Regulations; Legal Decisions
Thanks Retread. Quite often all an agency needs is to be reminded. -
It is now more than half way through the month of January 2024 and the Armed Services Board of Contract Appeals (ASBCA) has not checked in, paid for itself, or something or other. This is not out of the ordinary for a U. S. government site. Many of the government sites that I use to post contracting information have not issued anything since December 2023 or earlier than that. Here is what I currently get when I try to access the ASBCA. If you find the ASBCA, please let me know by posting it here. Thankyou.
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Average Labor Rate Discount off GSA Schedule Labor Rates
bob7947 replied to APS29's topic in Schedules, GWACS, MACs, IDIQs
I was late in approving this account. Could anyone help the original poster? -
This topic is closed but a poster pointed this out. https://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs
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POSTSCRIPT II: Our Competitive System by Vernon J. Edwards
bob7947 replied to bob7947's topic in Recommended Reading
It may not be a Perfect Storm but your reading could be during a Nor'easter if the storm forms properly. If it forms, I hope it doesn't match The Storm of the Century. (I can't help myself.) -
Comparing the subway (from the article) as "a generalized order of events in the acquisition contracting process" is a terrible idea. I still remember Metro Center in the D. C. Metro. Three levels of crazies running up the steps and down the steps to meet in the middle and running into each other while trying to squeeze into an open subway door before it closed. It was always a near death experience.
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Over the years, I have used the FAR's order to set up pages on this site. That hasn't been easy all the time. However, I wasn't using it to manage actions within the contracting process. That may be more troubling. After about 50 years, there is no single Federal Acquisition Regulation nor System. As Vern and I have discussed here there is a Defense Contracting Regulation, Other Agency Contracting Regulations, and the "Balkanized" Agency Contracting Regulations, eg., FAA. I used Balkanized from Nash and Cibinic. I am in the process of seting up Wifcon.com's analysys of the NDAA for FY 2024--the "annual congressional perfections" to what is referred to as the FAR. I'll probably be done by this weekend. There have been hundreds, if not thousands, of congressional perfections added to the FAR System. I've got some good news. There are less new requirements in Title VIII. However, there are more "Legislative Proposals Not Adopted" than before. The NDAA became law just days ago. Apparently, the "perfectors" wanted to get home and couldn't find places in time for all the junk (LPNAs). Section 802 is "Modification of truthful cost or pricing data submissions and report." I guess there is always room for congressional perfection.
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By Irvin Gray, JD, MBA, LLM, CPCM, CFCM, CCCM and Jamaal Valentine, MBA, Deputy Chief of Compliance and Oversight for the National Guard Bureau, Directorate of Acquisitions. This article examines a Government Accountability Office bid protest filed by a small business applying to the U.S. Small Business Administration 8(a) Business Development program whose proposal was excluded from consideration. Please Read: Adequate Accounting System for Flexibly Priced Contracts – Who Determines Adequacy?
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Daniel E. Schoeni, U.S. Air Force JAG, Corps A volume on the ethical dilemmas in the defense industry would be incomplete without a chapter on defense offsets. Offsets are a prominent feature of an industry whose character is increasingly defined by its dependence on exports. In the post-Cold War business environment, which is definitely a buyer’s market, offsets are here to stay. Understanding them is thus an essential task. Such an understanding would enable policymakers to identify or perhaps to mitigate the associated dangers, including the corruption risks and other ethical perils outlined in this chapter. Please read: Some Ethical Dimensions of Defense Offset
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Topic locked in accordance to Rule 17.
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Justification for Other Than Full and Open Competition (JOFOC)
bob7947 replied to GABE's topic in About The Regulations
I was trying to help GABE in his request about splitting purchases and found the following report from 2014. FEDERAL CONTRACTING: Noncompetitive Contracts Based on Urgency Need Additional Oversight, (p. 35)