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FAR-flung 1102

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  1. DoD implemented Full Replacement Value coverage in 2007 and so DoD personnel who do have a paid personal property move are not in a similar situation. https://www.federalregister.gov/documents/2006/12/15/06-9729/mandatory-provision-of-full-replacement-value-coverage-by-department-of-defense-personal-property
  2. I'm confident Vern already knows this, but I thought I would mention for those looking on that the FAR at 1.107 also cites 41 USC 1304 on the subject of Certifications.
  3. If the unintended outcomes of Acquisition Reform and Organizational Change were likened to a Star Trek alien species, which would it be? The Borg Tribbles The Ferengi Why? The Borg: https://en.wikipedia.org/wiki/Borg?wprov=sfla1 Tribbles: https://en.wikipedia.org/wiki/Tribble?wprov=sfla1 The Ferengi: https://en.wikipedia.org/wiki/Ferengi?wprov=sfla1 Bonus: Ferengi Rules of Acquisition https:https://en.wikipedia.org/wiki/Rules_of_Acquisition?wprov=sfla1
  4. Thank you, Jamaal, for the explanation...Sometimes an old breadcrumb trail is just what's needed.
  5. Yes. And it avoids the rabbit holes, which for me, at least, is the point. Thank you, Vern.
  6. The first two definitions below are new and replace the old "Commercial Item" definition: How do they work with each other and with the current FAR definition of "Supplies"? From FAR 2.101: "Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and– (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public;..." Also from FAR 2.101: "Commercial service means— (1)Installation services, maintenance services, repair services, training services, and other services if– (i)Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product;..." And finally from FAR 2.101: "Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." So, do commercial services for installation of a commercial product, constitute a supply purchase? Or alternatively do the commercial installation services for a commercial product, constitute a service for purposes of ...performance based service acquisition? ...appointing a COR? ...incorporating the Service Contract Labor Standards (Service Contract Act)?
  7. Thank you., Vern, You may not be selling, but I will give 'consideration" anyway...I suppose smiles 😊 count as such in this venue.
  8. Vern, so, the court is not plainly stating that a service does not qualify as a commercial item when it says, "But, as explained below, FAR 52.212-4 governs the termination of commercial item contracts for the government’s convenience, and it does not apply to service contracts, such as the contract at issue in this case.2" I don't buy your view...yet. Do you have anything more to add that might convince me?
  9. It seems that they might fall into the other than a "concern" category for your purposes. See: "FAR 19.001 Definitions. As used in this part- Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. "Concern" includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For more information, see 13 CFR 121.105."
  10. I suppose you have this already, but in case not...A Google search found a paper with a partial history and a bibliography reaching as far back as 1968. https://apps.dtic.mil/sti/pdfs/ADA494735.pdf
  11. I like it. ...And it's simple enough that I'd like to genuinely encourage multiple offers from an offeror at least as much as is done now in the standard commercial instructions, as a means of generating better industry solutions.
  12. Patrick3, is this most recent question about an in scope modification? This fiscal rules pertaining to bona fide need might be different than first impressions would suggest.http://www.wifcon.com/bona/bonafide7.htm
  13. With the DoD change from ECMRA reporting to SCR, there is now a $3M threshold and not every product service code (PSC) that required reporting under ECMRA is reportable under DoD's SCR. https://sam.gov/SAM/transcript/SCR_OSG.pdf That link should get you to the Quick Start guide where the above info is discussed. Note that the DoD and Federal SCR requirements are not identical.
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