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FAR-flung 1102

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About FAR-flung 1102

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  1. For some insight into Government policy, practices and exception authority regarding overtime and CBA, see FAR 22.103 and paragraphs 4.11 & 5.4.7 of the U.S. Navy's Desk Guide for Service Contact Price Adjustments, Service Contract Act and Fair Labor Standards Act, Issued November 2010, reviewed December 2010. It's searchable on the internet...I just didn't find a link that my mobile browser would copy.
  2. See the recording statute, 31 USC 1501, also see DoD FMR, vol. 3, ch.8, para. 080302.
  3. It's on a bit of a tangent, but I'd want know when deciding the extent of market research...it might be a game changer worth considering on occasion, that for commercial item solicitations which contain the standard language of clause 52.212-1 (see paragraph (e)), the government encourages an offeror to submit multiple offers and will evaluate them separately.
  4. The MSDS for "Wite Out" can be found here: http://productsafety.biclink.com/MSDSSheets.aspx
  5. Hmm, can you state the initial counterpoint to yours more fairly than this? The mandate to do small business set-asides in support of overall Agency Objectives was eliminated in the 809 Panel's recommendations...but authority to set-aside for small business remains, as do the overall Agency Objectives...with new additional support of a 5% price preference.
  6. Jack, Please see FAR 1.102-2 Performance Standards (b) Minimize administrative operating costs., at paragraph 1): "In order to ensure that maximum efficiency is obtained, rules, regulations, and policies should be promulgated only when their benefits clearly exceed the costs of their development, implementation, administration, and enforcement. This applies to internal administrative processes, including reviews, and to rules and procedures applied to the contractor community." (Emphasis added).
  7. I know this is an aside..."of the time" itself makes for a confusing unit of measure...this theme comes up often on customer's first drafts of service contract standards (think Quality Assurance Surveillance Plan, QASP). I usually frame the advice I am responsible to give as "I suggest you replace. "of the time" with what percentage of "occurances" or what percentage of "observations" just as ji did above.
  8. Welcome! When I first started as a Contract Specialist, my organization had no primer or listing of tasks and systems for a newcomer...so I made one based on the experience I was gaining and called it something like Welcome Hot Sheet! It was kept and given out after me.
  9. Also, what are the units of issue specified in the CLINs (contract line items)?
  10. Thanks Joel... Let's try this definition of exercise: "choose to implement". So... my takeaway is that the government may exercise it's option (unilateral right) to extend at the stated terms, or may enter into a bilateral agreement according to (a) new term(s)...We kind of knew that latitude already, didn't we? Well, in this firmat it may provide cover under Competition in Contracting Act. So, Joel, please remember you didn't yet answer the question...can an option be exercised bilaterally?
  11. Given the definition of Option at FAR 2.1: "Option” means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract." Who here thinks an option can be exercised bilaterally? If so, what is your reasoning?
  12. 1 a) Before tossing away any use of "within" in the option clause 52.217-9, consider the possibility of exercising an option after contract completion date: see FAR 17.204 paragraphs b through d: "(b) The contract shall state the period within which the option may be exercised. (c) The period shall be set so as to provide the contractor adequate lead time to ensure continuous production. (d) The period may extend beyond the contract completion date for service contracts. This is necessary for situations when exercise of the option would result in the obligation of funds that are not available in the fiscal year in which the contract would otherwise be completed." A mistaken conception of "contract expiration" could contribute to the loss of this as an authorized flexibility, especially if experimental edits of the -9 clause become popular...why voluntarily surrender territory already given us by regulation? Note: Vern Edwards advised in an earlier Forum discussion concerning contract expiration: "Contracts don't have expiration dates. Contracts have (1) a delivery date, (2) a completion date, or (3) a period of performance. (In addition, an IDIQ contract has an ordering period.) Contracts do not "expire" until all obligations of both parties have been fulfilled."
  13. Thank you Joel. The practical case for contractor involvement in government inspection is one that I'd hate to lose whether due to failure of imagination, ignorance of available professional practices, or lack of curiosity about historical context.
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