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About ji20874

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  1. Carl, You make a good point about staying inside 8.4. Yes, always, when ordering against a schedule contract, read the schedule contract. Foxfire, You said PO -- I suppose that means purchase order? If the vendor doesn't accept the purchase order, your automated system should allow you to cancel it and make award to someone else. Even if you awarded a delivery order, you should be able to cancel it because the order erred in that it did not faithfully mirror the vendor's quote (which was premised on an advance payment). You can negotiate with the vendor or select another vendor for award.
  2. Two possibilities: 1. Read FAR subpart 32.2. Do what it says. 2. Award the purchase order to someone else. You cannot force the contractor to accept the purchase order.
  3. CSpecialist, In your original posting, you said "I'm certain this is not possible" yet you asked the question anyway. You got responses and opinions already, but it seems those answers didn't fully support your position. If you don't want to do it, then don't do it. If you want to do it, then do it. What else can anyone say? Perhaps FAR 1.102(d) and 1.102-4(a) and (e) will be helpful to you. Here's a thought -- do it, with a blurb as described -- If anyone protests (before offers are due), you will be able to see if the legal argument has any validity. In your original posting, you said time was limited. You could have already released your Fair Opportunity Notices by now, and even had responses (or protests) by now.
  4. Deniz, It sounds like you shipped an item to the USA, and you were paid. And, you shipped an item to South Korea, but that item was rejected and you were not paid. Is this right? Is it possible that you are not being paid because your product failed to pass inspection?
  5. I'm with your COR, assuming the work is one overall project and one funds code. You can get all the cost segregation information you need in a report to accompany each invoice.
  6. Joel, You're right -- I did say a claim is a good approach. And in the context that I said it, it is. There may be better approaches, but none of them have worked yet. I don't think your chasing the DIBBS rabbit will result in a payment anytime soon, but I wish you well. This prior WIFCOM thread might be helpful to some:
  7. I never advised that a claim is a good approach -- that is your own erroneous characterization. Filing a claim is a right of the contractor, and the Disputes clause exists for this purpose. When a contractor is not paid under a contract, and has already spent 90 days to resolve the problem but to no avail, filing a claim is a reasonable step and an honorable step. It is entirely fair for a federal employee to remind a contractor of its rights under the contract, especially in a setting such as this.
  8. Joel, It is entirely fair to remind a contractor of its rights under the contract.
  9. Joel, be careful -- I know there are rules about employees and former employees representing private parties before federal agencies. You're retired so you might be free to do so, but you wrote "if I was still working" and the hair on my neck stood up, so to speak.
  10. Well, Joel, it has been ninety days already and following your course might add ninety more days and still no payment. The Disputes clause exists for this purpose. The check-in-the-shield emblem in one of the original poster's comments makes me maka is using an internet translator, so there may be a language barrier. Maka is probably in Turkey. A claim is a good approach, but I suppose it will have to be written in English and it will have to state the facts. We don't know any facts yet.
  11. DFAS Hotline is a wrong answer, I think. The right answer is to file a claim amenable to the contract's Disputes clause.
  12. Visit https://www.fpds.gov/help/Type_of_Contract.htm The following apply to all Awards and IDVs A Fixed Price Redetermination B Fixed Price Level of Effort J Firm Fixed Price K Fixed Price with Economic Price Adjustment L Fixed Price Incentive M Fixed Price Award Fee R Cost Plus Award Fee S Cost No Fee T Cost Sharing U Cost Plus Fixed Fee V Cost Plus Incentive Fee Y Time and Materials Z Labor Hours The following apply to IDVs only: 1 Order Dependent (IDV allows pricing arrangement to be determined separately for each order) The following apply to Awards only: 2 Combination (Applies to Awards where two or more of the above apply) 3 Other (Applies to Awards where none of the above apply)
  13. The contractor seeking an extended delivery/performance date asked for substantiation of the Government's consideration amount request, and the Government said no. Now, the contractor has a choice (1) ask again, (2) agree, (3) negotiate, or (4) disagree. Similarly, if the contractor proposes a consideration amount, it is not required to substantiate that amount or prove it to the Government. There is no requirement for equivalency or approximation to anything else.
  14. And if I may, in addition to inspection clause(s), does the contract include the clause at FAR 52.246-11, Higher-Level Contract Quality Requirement? The fill-in for para. (a) might flow down to the subcontractor via para. (b).
  15. Certainly, the approach won't work for every acquisition, but it might work for some. Sometimes, an oral presentation or demonstration might reasonably involve a question or scenario which is introduced at the oral presentations for on-the-spot and unrehearsed responses by the competing offerors. That seems to be a legitimate reason to not allow a firm to participate in a second or third oral presentation -- fairness.
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