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Jamaal Valentine

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About Jamaal Valentine

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  • Birthday August 8

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    Being good...when I can't be good, being compliant...when I can't be compliant, being liked.

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  1. 2018 NDAA Increases Civilian Micro-Purchase Threshold to $10,000

    I wonder if the DoD was intentionally or inadvertently left out of the micro-purchase threshold change. The change to the simplified acquisition threshold for DoD changed because the 10 U.S. Code § 2302a language regarding the threshold references back to the definition in section 134 of title 41. Maybe someone assumed the DoD micro-purchase threshold was written the same way?!?
  2. Is Artificial Intelligence a Solution to Contracting Problems?

    This was discussed in the AT&L Magazine back in 2015: http://dau.dodlive.mil/2015/01/12/a-contract-that-manages-itself-the-time-has-arrived/
  3. Does MIL-SPEC Constitue Brand Name

    Hopefully that helps. How do you know that only two can? Why does it matter? FAR 2.101 states '“Full and open competition,” when used with respect to a contract action, means that all responsible sources are permitted to compete.' MIL-STD, MIL-PRF, MIL-DTL, etc. appear to be separable from brand-name in that they are not manufacturer-centric. Try reviewing FAR 11.002(a). Do you believe FAR 6.302-1 applies to your action? If yes, in what ways? I provided info regarding the original question asked. There is too little info about the contract action to offer much else. Based on FAR 11.002 and what's provided, I don't believe a brand-name or sole source action is required/appropriate.
  4. Does MIL-SPEC Constitue Brand Name

    FAR 11.104 contrasts performance specifications to brand name or equal. As I understand military specifications, they describe the physical and/or operational characteristics of a product. 11.104 –Use of Brand Name or Equal Purchase Descriptions. (a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. ****************************************** See also FAR 11.201
  5. Invoicing for unworked hours under a FFP TO

    Thanks, Retreadfed. Sounds like in that scenario all parties accepted 52.249-2. I wonder (not asking) what would happen if the contractor disputed its inclusion and applicability.
  6. Invoicing for unworked hours under a FFP TO

    I should have been more specific. I don't understand what '[e]ven for a scrutinizing eye, it can be difficult to determine…'. What are you looking for, generally? A written determination, market research, contractor memo, etc. Or that all the other requirements of Part 12 are followed? Or something else? FAR 12.301 should be read a whole. If a commercial contract includes both 52.212-4 and 52.232-1, which applies? One or the other? Both?
  7. Invoicing for unworked hours under a FFP TO

    FrankJon: It is not shocking or surprising to me, but this is the beginner's thread so I think such a thing is worth highlighting. We don't want to mislead beginners into believing they can add clauses haphazardly. I am not sure what you mean.
  8. Invoicing for unworked hours under a FFP TO

    Retreadfed: What authority are they using? Is it because those contracts include commercial and noncommercial supplies or services; or another compliant exception to FAR Part 12 requirements?
  9. Invoicing for unworked hours under a FFP TO

    Interesting that the task order is for commercial services and uses clause 52.232-1 rather than 52.212-4(i). (Ref. FAR 12.301(a), (b), and (d)).
  10. Invoicing for unworked hours under a FFP TO

    I presume this contract is for noncommercial services. Does it include FAR Clause 52.246-4, Inspection of Services -- Fixed-Price? If yes, have you read it? As a general rule, fixed-price payments (not financing) are tied to specific contract requirements. The clause you cited provide for payment for 'accepted' services (rendered and accepted) upon contractor's submission of a 'proper' invoice. There are government remedies and possible actions but, as the others have stated, more information is required. Some possibilities could include issuing a claim (CO decision and demand for payment), witholding payment, (re)performance, revoking acceptance, etc.
  11. Default Clause to extend Period of Performance

    In the Air Force, DBO is Director of Business Operations (the Chief of Contracting Office or COCO).
  12. Blanket Task Order

    FAR 1.102-4(e) reads in part -- "If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority." Since Blanket Task Order is not a FAR defined term you will have to describe the BTO precisely. MATOC, MACC, and various other terms are used to label contract actions. What will the base agreement/contract be (Blanket Purchase Agreement, Basic Ordering Agreement, Indefinite-Delivery Contracts -- Indefinite Delivery, Definite Delivery, Requirements)? (as used in FAR 16.501-1, 16.501-2, 16.703, 13.303) Or something different altogether? What types of orders will you issue? Is your choice in harmony with the base agreement/contract type? I was in an office that orders construction services off of a Basic Ordering Agreement. http://read.nxtbook.com/ncma/contractmanagement/september2015/tocontractornottocontract_feat.html That office used Basic Ordering Agreements for various supplies and services (we were given wide latitude to experiment): http://www.aviano.af.mil/News/Article-Display/Article/281555/four-contracting-airmen-garner-usafe-recognition/
  13. Blanket Task Order

    What is it that you really want to know? You didn't ask a question. What if someone has heard of the exact thing you described? What next?
  14. Specific Performance

    here_2_help: I recently read the following in the Department of Defense Guidebook for Acquiring Commercial Items, PART B: PRICING COMMERCIAL ITEMS: "Determining a fair and reasonable price is easy when acquiring commercially available off-the-shelf (COTS) items. Determining a fair and reasonable price is challenging when the commercial market does not exist for a specific item or when market price data is not readily available. Ultimately, the effectiveness of price analysis will depend on what meaningful data the Government successfully obtains to conduct the pricing analysis."
  15. Specific Performance

    I did not know those details about CDA and the purchase of real property. Nonetheless, nobody argued that a contract for real property was subject to CDA. In fact, we prefaced the discussion and concluded that any action would be 'under other than the Contract Disputes Act'. Either way, thanks for the information and discussion. I do have a lot of reading to do.