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Don Mansfield

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About Don Mansfield

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  • Birthday 11/04/1972

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    San Diego, CA

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  1. Go to https://www.esd.whs.mil/Directives/issuances/dodi/, click on "DoD Issuances", then "Cancelled Issuances" in the drop down menu. You need a DoD CAC, though.
  2. Prompt payment discounts are a contract term, so I don't think that's analogous. I view the submission of the final invoice for $90 as a constructive waiver of the contractor's right to be paid the full contract price. As such, an administrative change to the contract would be cromulent, if necessary.
  3. They aren't clauses, they are instructions to the payment office. You have to go back to the DFARS PGI 204.7108(d) circa 2016 to find them. DoD doesn't use them anymore. https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/r20161222/PGI204_71.htm
  4. Guardian, That convention would apply to the use of words or terms in the FAR. Ibn is asking ji what he means when he uses those words. I don't think ji has explained what he means--he merely provided examples of the use of "subjective". But his answer may satisfy Ibn.
  5. @ji20874, If you truly want to continue this discussion, intellectual honesty demands that you defend your initial claim: Whether or not something is a "solicitation" depends on the whether it meets the definition of "solicitation" at FAR 2.101. To bear the burden of proof you must provide evidence that a notice of fair opportunity does not, by definition, request quotations or offers. If you cannot do that, then your claim can be dismissed by operation of Hitchen's Razor. quod grātīs asseritur, grātīs negātur ("What is asserted gratuitously may be denied gratuitously") Just because someone questions your claim does not necessarily mean they oppose it.
  6. Yes, I've heard of alternative facts. Sometimes people contribute them in this forum.
  7. ji's argument only holds water if a notice of fair opportunity, by definition, does not request quotations or offers from the Government. He presents no basis for that other than he would not put the Bankruptcy clause in a notice of fair opportunity. A "solicitation" is defined as: Why can't a notice of fair opportunity request quotations or offers? Maybe some do and some don't. ji has avoided answering the question of whether a notice of fair opportunity requests quotations or offers from the Government because a "yes" answer would undermine the distinction he's trying to make. A "no" answer would require him to explain why that is necessarily so, which he cannot. Further, ji believes that the FAR Councils came up with "notice of fair opportunity" to distinguish it from "solicitation" when developing FAR 16.505 procedures. The evidence presented is that "solicitation" does not appear in FAR 16.505. That's an interesting theory, but there's not enough evidence for a reasonable person to draw such a strong conclusion. Certainly not enough to claim "A fair opportunity notice is not a solicitation within the construct of the FAR" as a matter of fact. Or to accuse others of being sloppy. Some of what has been posted in agency supplements seems to contradict that theory.
  8. Seems pedantic to distinguish between "decided subjectively" and "found".
  9. I think your post is unfair. The author's two posts were made eight hours apart.
  10. Not surprised you like it--aren't you one of the PIL team members? In any case, I didn't say I didn't like it. It's just someone who wrote this in another thread: A pedant like that might take issue with your document.
  11. From p. 14 T/F table titled "Fair Opportunity/Orders Under Multiple-Award Contracts" Some people would call that sloppy.
  12. Are you familiar with "Even Swaps"? https://hbr.org/1998/03/even-swaps-a-rational-method-for-making-trade-offs Make sure you read "Ben Franklin's Moral or Prudential Algebra" that is linked in the article. There's no need to evaluate each factor on a scale to use these methods.
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