GABE

Yes and thank you very much. Another concern checked off the lost. Thank you again

Provisions apply to solicitations. Clauses apply to contracts. So clauses shall never be included within solicitations?

Thank you- I really enjoy the different perspectives. Always appreciate your expertise. regards

Good Afternoon: My question relates to the issuance of a Cure Notice, in accordance FAR 49.607(a). The Cure Notice would be relevant to a signed Purchase Order (by both parties), regarding a late delivery. The Awardee is not the manufacturer, and expressed that the commercial item is delinquent due to supply chain shortages (at the manufacturer level) and COVID-19. If I issue a Cure Notice, to correct performance (delivery)-------->15 days later No Delivery------>Show Cause Issued--->10 days later no delivery---->Termination By Default issued. Isn't a Pandemic an excusable delay? So this would not apply? Also, the Awardee must take ownership. That said, the Purchase Order executed with Vendor X, not the manufacturer, therefore, in that scenario, the above delinquency notice would be applicable, with no pandemic? Thank you!!

I haven’t either. That’s what was puzzling to me. I thought i was missing something, however, could not locate anything within FAR 13 that would preclude a CO from cutting a purchase order for commercial items in excess of 250k. Thank you for your expertise.

Yes, very much so. Thank you for taking the time to respond.

Thanks Vern for responding. 1. I would assume 52.212-1, -2, and -3 would cover the required provisions and -4 and -5 would be applicable clauses? 2. I believe the old way of doing it is anything over 250k, a contract is established, then a delivery order is executed against the contract. Not task order —> delivery order.

Absolutely perfect explanation. Actually no, he hasn’t stated it’s unallowable, however, seem unfamiliar with the authority of 13.5. Perhaps it may be one of those things a CO gets accustomed to (FAR 12 and 15)and missed the permanent authority of 13.5 several years ago, and miss the benefits of a simplified approach. Thanks again.

Do you are to elaborate?

Hello Everyone: My questions relates to FAR 13.5. Am I permitted to issue a Purchase Order over 250k, when procuring a one time commercial requirement? With the authority of 13.5, being up to 7.5 million, for commercial items/supplies, is issuing a PO over 250k acceptable? A solicitation would be posted to FBO and Award amount would be within the CO's warrant authority. Am I missing something? I don't see a reason to establish a contract, then issue a task order against the contract. Thank you!

If the requirement is under the SAT, no, you're not required. I would however "Survey" pricing from two other FSS sources and execute the order.

Thank you for your comment sir.

Hello: First off, thank you for accepting me to this forum. There are some great topics, topics that are extremely beneficial in the contracting field. With a small business set-aside, let's say the contacting officer can't deem the pricing fair and reasonable. This determination is based on prior purchases for similar products. What is/are the CO's options regarding reward? Thank you,