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About MBrown

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    All manner of federal acquisitions.

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  1. Hmmm. On contract awards, my favorites were: using the CAGE code for the wrong awardee; including a price and nothing more in Section B of the award; and leaving the fill-ins blank in the liquidated damages clause. Also, there was the time that I just wanted to bang heads against the wall when a co-worker sent the Government's negotiation position to the contractor with the e-mail tag-line of "Can you give me a proposal that is priced within this range?"
  2. Gwestbury, is it possible that your customer is unrealistically seeking a firm fixed price contract instead of a cost reimbursable contract?
  3. Wow! Now, I'm converted to the Modulo world. In Modulo, I can claim to be 25 years old and everyone has to believe it.
  4. Has anyone else noticed that there have been no updates to FARSITE (http://farsite.hill.af.mil) since at least January 2, 2018?
  5. VA1102, I'll offer one caution to you as you consider the jump to DoD. Depending on the agency, if your Contracting certification is not DAWIA, you might be required to recertify. I have a co-worker with FAC, who had to recertify with DAU / DAWIA courses. That stated, there is nothing wrong with refresher training. Make the jump and be welcomed aboard.
  6. It looks like it will be dealt with again. Compare provision/clause dating in FAC 2005-96 with the month and year used by Acquisition.gov.
  7. Looks like Acquisition.gov is also having trouble with how to interpret FAC 2005-96. It seems they've backdated all the provision/clause changes to "OCT 2017." I think something must've been rotten in the Swedish Chef's kitchen.
  8. Sort of makes me look forward to dinner with the family.
  9. Have you looked at FAR 6-302 and 6-303?
  10. I offer a few opinions on page limitations, font requirements, margins, etc. 1. They are used to limit the amount that the selection board and/or selection authority will have to read. If you had reason to believe that you would receive 10, 50, or 100+ proposals, would you set page limits? 2. They are used to limit the amount of text from the solicitation that will be unnecessarily regurgitated in the proposal. The selection board and/or selection authority might actually want proposals from firms that can get to the point, not waste time. 3. Limitations grant an excuse to the selection board and/or selection authority to disqualify/reject lower priced non-conforming proposals (whether fairly or selectively done).
  11. JAG: I concur with napolik and Culham, in part. In those jurisdiction of which I am aware, law firms (businesses) are not licensed to practice law. Individuals are licensed. That stated, if the business is violating that rules for the practice of law applicable to the State or Territory in which they operate, I would recommend advising the contracting officer of your allegation that the business cannot not responsibly perform. I wouldn't recommend simply recognizing a done deal and moving on. Additionally, if you believe, or know, that improper conduct is occurring, have you considered reporting the conduct to appropriate prosecutor's office or disciplinary board for the Bar of the State in which the offending business is operating? Look to your own status. Might you have a duty to make such a report?
  12. I would ask the engineer to explain how he/she intends to ensure compliance with 31 U.S.C. 1501. The overrecording of an obligation will not help Uncle Sam achieve auditability and frustrates accountability.
  13. Culham and Davis appear to hit the nail on the head. May I also add that many "free" offers involve an automatic charge at the end of the "free" period (i.e., if you do not affirmatively cancel, they continue your subscription and bill you). What happens at the end of your proposed trial period? Under fiscal law, you should have positive legal authority that allows you to proceed. If the services have any value, you may run afoul of impermissibly augmenting an appropriation by signing up for that "free trial". I recommend you consult with your agency's fiscal law counsel.
  14. High performers open the regulations and read them, frequently. Low performers use the regulations book as a desk ornament. High performers approach contract negotiations from all sides. They envision multiple potential outcomes. Low performers approach wearing blinders.
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