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Jamaal Valentine

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About Jamaal Valentine

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    Contributing Member
  • 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. Remember, if you use FAR Subpart 17.2 for A&E—like many do—you may be required to follow FAR Subpart 17.2 procedures. “While FAR Subpart 17.2 by its terms does not apply to construction contracts, we conclude that the agency is bound to follow the procedures of FAR § 17.208 once, as here, it incorporates either clause (FAR §§ 52.217-4 or 52.217-5) providing for evaluation of options. See Foley Co., B-245536, Jan. 9, 1992, 92-1 CPD ¶ 47 at 4 n.2.“ It’s best you write your own option clauses if you don’t want to be bound to the Subpart.
  2. To be clear, despite being labeled as a simple question, the question is missing several key pieces of information. For example, the dollar value, subcontracting opportunities, and World Trade Organization Government Procurement Agreement or a Free Trade Agreement applicability could drive the answer. See also, FAR 5.301(b) for a long list of other possible drivers (exceptions).
  3. The phrase award announcement is not found in FAR Part 5 so I am not sure what you are really looking for. Maybe FAR 5.303(a)(1) or 5.202(a)(4)? (I am not sure of either because you have already read FAR Part 5...is the question about posting to FBO specifically, public announcements, synopsizing contract awards, synopsizing contract actions...?) Based on your own experience it doesn’t appear to be the same everywhere. Did you read FAR Subpart 5.3? What’s your opinion; “do you need to post in FBO an 8(a) award announcement”? Why or why not? What has your research led you to believe? My guess is that you are interested in knowing if you need to synopsize a contract award pursuant to FAR 5.301.
  4. @Constricting Officer There are several references that provide exceptions for SAT/SAP. For example: https://www.law.cornell.edu/uscode/text/10/2304 CICA is covered in several places in the U.S.C.
  5. Where is 'fiscal year' mentioned in the option language or in the post for that matter? The option clause gives a timeline for a preliminary written notice (at least 60 days before the contract expires). What does within 5 days mean, biases aside, based on the clause as written above? Within 5 days of what? (we both know what training and experience says it's supposed to mean) Logical: expected or sensible under the circumstances.
  6. As written, I would say it means within 5 days of the preliminary written notice.
  7. @Guardian You may enjoy Chrysti the Wordsmith's radio show. It's a quick two-minute segment on words: "Since 1990, Chrysti the Wordsmith has been plumbing the depths of dictionaries obscure, arcane and pedestrian to craft word and phrase histories for her radio audience."
  8. @ContractingMichelle Is the work 'out of scope' of the competition (base IDIQ and task order); and the contract (base IDIQ and task order)?
  9. @napolik I don't remember what the 'it' was or what I was getting at ... I think I was referring to the FAR's requirement that contracting officers comply with all rules (laws, regulations, procedures, etc.); and the federal and DoD rules that require agencies to record the obligation of the minimum quantity at the time of contract award. Those rules have been cited several times in this thread (e.g., case law, GAO Redbook, DoD FMR). I don't think that's a controversial statement. Is it?
  10. "Obligation A definite commitment that creates a legal liability of the government for the payment of goods and services ordered or received, or a legal duty on the part of the United States that could mature into a legal liability by virtue of actions on the part of the other party beyond the control of the United States." COs create obligations (legal liabilities) within their delegated authority.
  11. @joel hoffman I honestly can't make heads or tails out of the details I would need to make a decision (exercise the 9 CLINs and be done). However, I thought Guardian got his/her answer a while ago and that's all that matters to me. This thread started out confusing and gained momentum with all sorts of opinions and sidebars added in just for fun (often the case here and I'm guilty of it). For example, I don't know where you came up with there being 'no need'... I only recall the OP saying they didn't have funding. It's okay though; Guardian seems satisficed.
  12. I'm retiring from this thread. My head and heart hurts.
  13. FAR does require it (the clear requirement- and exception to citing the accounting classification is for data elements in line items and subline items). But let's say FAR doesn't expressly convey the obligation of funds recording requirements...maybe its because recording is a comptroller function and comptrollers have their own book(s) of rules. Also, FAR includes a provision that contracting officers must comply with these other rules: "no contract shall be entered into unless the contracting officer ensures that all requirements of law [statute or case law], executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met."
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