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About MBrown

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    All manner of federal acquisitions.
  1. 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.
  2. New FAC Contains Wonderful Thanksgiving Surprise

    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.
  3. New FAC Contains Wonderful Thanksgiving Surprise

    Sort of makes me look forward to dinner with the family.
  4. J&A Requirement

    Have you looked at FAR 6-302 and 6-303?
  5. page limitations on proposals

    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).
  6. 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?
  7. Park the money

    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.
  8. 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.
  9. 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.
  10. Advice for New Professionals

    For the newly appointed Contracting Officers, please recognize that your signature bears responsibility on behalf of these United States of America.
  11. Advice for New Professionals

    Recognize that "this is the way that we've always done it", may not be the right way. Recognize that statutes, regulations, policies and procedures will change. Do not let the train leave you at the station. Recognize that mistakes will be made, but own your behavior. Take pride in your work product. Be willing to share what you learn.
  12. ICE-CO, I would also add that options give you the flexibility to revisit the potential availability of competition; and also, changes to market conditions.
  13. creating an award

    Based on your question, it appears you have some type of appropriation. Do you have a statutory authorization to spend those funds on an award? There is no authority to spend and appropriation without a specific authorization. What agency are you with? What color of funds do you have? What does your agency's authorization act say you may do with those funds?
  14. For me, the issue is whether I'm dealing with an "offeror/bidder" or a "prospective supplier". Relative to the former, I try to avoid pre-award one-on-one dialogues to the maximum extent practicable in order to avoid creating unfair competitive advantages. An RFI process that provides the answer to all offerors/bidders is my way to go. On a post-award basis, I give as much as the FAR allows, whether a debriefing or a brief explanation. Relative to the prospective suppliers, I echo the sentiments expressed earlier. More often than not, the contact I receive is akin to "How do I get on your preferred vendor list?" I also get the name droppers with "I was speaking with BG Comeasiam and would like to meet with you to tell you how you can sole source to my company." For the serious inquiries where the prospect desires information on how to do business with the Government, I do my best to point them to helpful resources, such as SBA, PTACs, etc. Otherwise, I politely decline the requested sales meetings by explaining my need to avoid the appearance of favoritism.