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RightSaidFed

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  1. This sounds incredible, and for my agency anyway, would never, ever, ever happen.
  2. If both parties are treating the contract as if the Government had correctly incorporated the SCA clauses, you could probably make a strong case for submitting an adjustment. Telesec Library Services, ASBCA 42968, 92-1 BCA ¶ 24650 (1991) has upheld the enforcement of SCA clauses under the Christian Doctrine.
  3. I think you're buying very similar or identical things that my organization also buys. In my case, we're buying college transcripts. A central organization was set up to provide these transcripts (and has its fee per transcript), with each member institution setting its own fee. Many (but not all) of these institutions' transcripts are only available through this central organization. I'll be paying close attention to this thread, but it seems to me that a BPA would be the way to go. You can delegate ordering authority. If each call will be below $3500 (MPT if DOD), it doesn't seem that a J&A will be required. I would get a big pool of funding committed and make sure the ordering officer does not exceed that funding amount. There may be value in leaving the BPA unpriced, just so you can avoid having 5,000 CLINs. Perhaps you could price the intermediary's fee (at multiple tiers), then leave the other fees unspecified. Alternatively, set up CLINs for all the possible fee amounts (but not for each institution). (i.e. a $1 CLIN, a $2 CLIN, . . . a $35 CLIN). If I'm wrong about something, somebody will helpfully correct me. I'm not especially familiar with BPAs.
  4. Does inclusion of the GP clause automatically make the item GFP? I would think not; you'd have to specify what exactly is GFP. The DFARS seems clear enough in its prescription to include the clause, but I don't see the wing as meeting the definition of GFP in any practical sense. I agree that the definition is poor, and that "furnished" is undefined. I think this situation demonstrates the hazards of overly-broad prescriptions and bad writing in the FAR.
  5. Here's one relevant to my interests. https://www.casemine.com/judgement/us/5914b38badd7b04934766e4a Basically, what I read is that federal preemption involves not only a clear indication in the text of the relevant statute, but also in the intent of Congress. Absent those elements, a requirement contrary to state law would not suffice to give the contractor the right to violate that law.
  6. Sounds like OP wanted short answers only (i.e. wasn't interested in reading or understanding). The 1102 series is not for them.
  7. Maybe I'm grossly misunderstanding this, but wouldn't RAM for servers typically fall under an exception for Section 508, specifically that at FAR 39.204(d): Given that understanding, I don't know why any HHS policies relevant to Section 508 would apply. But I have no experience with HHSAR.
  8. I'm an early-career 1102 (just over 3 years in), and I made the move from DOD to a civilian agency for that target 13 position. Let's just say that there have been some regrets. Forget expanding my contracting knowledge here; I think I'm actively getting dumber. There's definitely grade inflation here on the civilian agency side, by about one grade. The biggest difference is experience, however. Our management staff is entirely composed of young, go-getters (younger than me). In DOD, all our managers had 30+ years of experience. The difference in respect earned from Program is immense. We were trusted business advisers in DOD. Here, we're an obstacle to be overcome, with all our inconvenient legislative and regulatory mandates that ring like the buzzing of flies in our customers' ears.
  9. Can't this be done with a Time & Materials or Labor Hour contract, in accordance with FAR 12.207(b)(1)?
  10. Is the Government really this ill-equipped to handle a volume discount? I would think a reasonable evaluation of price could include some sort of weighted average price, given the estimated likelihood of exercising a given option, or buying a certain volume.
  11. I used to get so much guff from people for printing my documents for vertical flipping by default. Sure, it's unusual for review, but it's better for the file. My former employer just mandated (as of 1 OCT) electronic contract files...for SAP buys only. They also had about 5 gigs of network storage space per 1102, which won't last long, given the lack of file size discipline exercised by most users.
  12. It does say "to the maximum extent practicable." Your contract writing system has inherent limitations that, perhaps arguably, make it impracticable to precisely follow the format. At this point, consider yourself fortunate to have a contract writing system that can: 1) integrate provisions and clauses, 2) integrate a SOO/SOW/PWS, 3) generate a conform copy of the contract, 4) handle attachments/exhibits. Mine can't do any of that. I never thought I'd long for PD2.
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