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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. Probably right on the BOA aspect. I really wish the FAR Councils would rewrite FAR 5.202(a)(6) or (11). However, I think a careful read of FAR 16.504(c)(1)(ii)(B)* could lead to a single-award path, but you know your agency better than I do. *assuming you don’t reach FAR 16.504(c)(1)(ii)(D)(1)
  2. The concepts and principles have application in any evaluation that includes price and other factors. Me commentary is based on my Oct 2020 attendance.
  3. @JeanJ Without knowing the particulars (e.g., grant or contract) I would suggest you check here for Service Contract Reporting applicability: https://www.sam.gov/SAM/transcript/SCR_QSG.pdf or here (e.g., SCR criteria in SCR Guidebook): https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr
  4. ECMRA was de-commissioned as of COB June 19th, 2020. I recommend contacting the contracting officer for instructions. I presume they will be modifying the contract.
  5. Nobody will be able to answer this question with certainty unless they’ve read the contract or you provide some more details. We can make some assertions based on DARPA being a Defense Agency, but we don’t even know if it’s a FAR-based contract. If it is a DoD FAR-based contract it may include ECMRA (Enterprise Contractor Manpower Reporting Application) or SCR (service contract reporting) requirements depending on when it was awarded. For example, ECMRA applied to FFP contracts. ECMRA provided instructions on what contractors needed to report. The what should help determine the how.
  6. Disciplinary action on the employee is a separate issue that government officials can’t seem to separate from unauthorized commitments. There isn’t enough information here for me to decide or make a recommendation on how this should be treated; I simply raised another solution that overcomes the Agency’s argument for not being able to ratify. The Agency appears to think they can’t ratify...I didn’t read that they don’t want to.
  7. Since this is related to or arising from a contract, the Agency could potentially settle the claims involving unauthorized commitments pursuant to FAR Subpart 33.2 instead of FAR 1.602-3(b)(2) and (c). (Ref. FAR 1.602-3( b )(5))
  8. It’s invaluable if you really want to understand source selection more deeply and broadly. It’s a gateway to streamlining and innovation that many offices want. I’m not aware of anything similar. The course content is great, but the instruction and dialogue may be even better. (Vern was the instructor when I took it.) It’s usefulness may be limited or delayed by organizational norms and traditions that prevent or discourage students from applying what they learn. In my experience, contracting offices can’t be changed from the bottom up. This course should be required for contracting
  9. What law? Do you think inclusion of service clauses in leases is addressed in FAR or prohibited by law or some other rule? I don’t read but four clauses FAR 8.1104(e) says to exclude. Many (most) leasing of vehicles is going to be a commercial acquisition so the service vs supply clause set argument is moot. Nonetheless, in exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive o
  10. Depends on the purpose of categorization, right? For example, if the purpose is for application of the non-manufacturer rule, 13 CFR § 121.406(b)(4) states that “[t]he rental of an item(s) is a service and should be treated as such in the application of the nonmanufacturer rule and the limitation on subcontracting.” Then the PSC Manual, Defense Acquisition Guidebook, and SBA regulations state equipment rentals/leasing are services. FAR Part 37 gives a definition for service contract for the purposes of that part (e.g., clauses, policies and procedures). FAR 8.1104(e) is si
  11. @bob7947 Great catch...guess I better start calling you the Wizard of Wifcon and not just an oracle.
  12. Seems to be some variation in FAR 2.101: Agency head or “head of the agency” means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency. Head of the agency (see “agency head”). Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S
  13. I think risk-aversion is derived from basic human motivations for safety and security. In that sense, it is rational behavior. Under rules-based contracting, a term I’ve coined, the minimum is the maximum. Know what the rules (statutes, case law, regulations, policy, etc.) require; and satisfy those requirements. This concept relies on professionalism and competence and provides maximum flexibility and discretion to get things done within the rules (including grey areas and loopholes). My belief is that competent professionals can and should use the minimum force appropriate to the s
  14. Since debriefings are hotly contested they are often less useful than they could (should?) be. Notifications and debriefings are uneven from office to office and contracting officer to contracting officer. For example, some offices/contracting officers won’t provide the successful offeror’s past performance rating and some will. The variation comes from inconsistent beliefs on whether or not the rules permit release of the rating.
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