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joel hoffman

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About joel hoffman

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    Following God, Family, Sailing, Motorcycling, Hunting, Volleyball; Acquisition, Source Selections, Contract Administration, Construction, Design-Build Construction, mods, claims, TFD, TFC, project controls,

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  1. joel hoffman

    Solicitation questions and answers

    I reviewed “Formation of Government Contracts“. In reviewing the discussion of fairness and legal prohibitions on revealing another firm’s (conforming) technical approach or innovative solution to the solicitation requirements (e.g., technical transfusion) I realize that the perspective is under the area of prohibited discussions with proposers after receipt and evaluations of proposals. However, the same fairness concepts should generally apply to pre-proposal communications. That doesn’t necessarily mean that pre-proposal questions concerning general clarifications of the requirements can’t be shared . One has to use some judgement .
  2. joel hoffman

    Solicitation questions and answers

    If the solicitation does permit the use of alternative materials, I would say that it would be appropriate to respond directly to the individual quoter, depending upon the actual solicitation language.
  3. joel hoffman

    Solicitation questions and answers

    If the solicitation doesn’t permit alternate materials, approving such would be a deviation from and a change to the solicitation requirements. In that case, you would have to amend the solicitation to allow all “bidders” or “quoters” to compete on an equal basis. It is a fundamental principle in competitively negotiated federal acquisition that a proposal that fails to conform to a material solicitation requirement is technically unacceptable and cannot form the basis for award. See discussion, for example, at: http://www.wifcon.com/pd15_305.htm
  4. CS, the only limit that I see in your example is the $10 maximum. The $2/year is only an estimate isn’t it?
  5. joel hoffman

    Material Cost Adjustment

    To the original poster (“who’s name shall not be mentiioned”): Please clarify, thanks. In addition, were you referring to potential domestic quoters being reluctant to lock into firm fixed prices? A clearer perspective of whom you are speaking about would make a difference . I thought that you were referring to importers. Thx. Also, I agree with Vern. Maybe you shouldn't enter into a five-year contract in a time of high price volatility.
  6. joel hoffman

    Material Cost Adjustment

    If the clause at 52.229-3 provides relief for after imposed tariffs from the price, then are we defeating the purpose of the tariffs in the first place? Maybe, maybe not. I guess a tariff imposed before the purchase would provide some protection for domestic producers. But a KO should NOT exclude tariffs that are in effect at the time of the pricing action. That definitely would defeat the purpose of the tariff. In thinking about it, if a contractor selects a domestic source and tariffs are later imposed on imported materials, there may be inflationary price increases available to the domestic sources for future pricing. But If the contractor selects a foreign source, the clause would seem to protect it from price increases due to after any imposed tariffs/duties. Hmmm.
  7. joel hoffman

    Material Cost Adjustment

    Good luck due to constant fluctuations in price for steel and aluminum, in particular. Are you talking about goods manufactured from these materials, raw materials or are you referring steel and aluminum sheet, plate or rolled structural shapes? Then there is the question of tariffs...
  8. joel hoffman

    Barring Subcontractor

    The link should provide Torey the information and responsible offices to determine whether or not the subcontractor can be barred or banned from the campus. Those offices should be much better sources of information for Torey’s question than this Internet Forum. As a contracting officer, Torrey would/should be consulting with those offices.
  9. joel hoffman

    Commercial Product Definition

    For construction anyway. For Military Logistics maybe not as practical.
  10. joel hoffman

    Commercial Product Definition

    At any rate, I’m glad that we let the industries develop and maintain them. More responsive to innovation in the marketplace and committee representation is broad. Most military facilities have commercial or institutional counterparts with building systems that function the same way as for the military and the rest of government.
  11. joel hoffman

    Commercial Product Definition

    While contracts for construction of real property are generally not considered commercial items or commercial services, the use of Federal Specifications, Mil-Specs and Mil-Standards to specify construction materials, installed equipment, tests and prescriPtive construction procedures has greatly diminished over the past 20 years. Commercial product specifications, commercial standards and construction specifications have vastly improved and proliferated over this time period. I am certain that the decreased use of Mil and Federal product specs is a result of the emphasis placed upon using “commercial items”.
  12. joel hoffman

    Barring Subcontractor

    jjj, subcontractors aren’t normally rated separately in CPARS are they? As far as I know, the performance rating is for the prime. I believe that the government is limited to including a narrative about the sub’s performance. In the prime’s evaluation. [Edit: I seriously doubt that a narrative covering the subcontractor’s performance within the prime’s rating evaluation would justify disbarment or survive a disputed disbarment , unless perhaps the sub’s performance was so poor as to cause the prime’s overall performance to be unsatisfactory. As I stated before, the prime is ultimately responsible to the government for the performance of its subs. On top of that, the government’s design is defective, which could be claimed as a contributing factor. ] The clause at 52.209-6 is only effective if the subcontractor is a firm that has been officially debarred.
  13. joel hoffman

    Barring Subcontractor

    It may well be that any money that the architect of the capitol saves in not been subject to the federal acquisition regulations could be spent on purchasing new chiller Just joking. However, it would have been be nice to know upfront that we are dealing with another animal. 🤭
  14. joel hoffman

    Barring Subcontractor

    Never mind, Torey. You did not ask for advice concerning post acceptance problems.
  15. joel hoffman

    Barring Subcontractor

    Torrey, does anyone in your organization have any experience with architect-engineer liability or with the legal implications or defenses to the Spearin Doctrine?
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