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Don Mansfield

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About Don Mansfield

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    Contributing Member
  • Birthday 11/04/1972

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    San Diego, CA

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  1. Don Mansfield

    SCA Seniority

    It's reassuring to know they are getting paid the prevailing wage.
  2. Don Mansfield

    SCA Seniority

    I was looking through this the other day and found "carnival worker". It made my day.
  3. Don Mansfield

    Bridge Contracts

    Who knows? But, that would be a stupid thing to say. The KO should just explain the facts--for acquisitions under FAR part 6, they don't have the authority to limit competition unless it's justified. A lack of advance planning is not justification for limiting competition. Unless there's a legitimate justification, the problem will have to be solved a different way. Here are some other things we can do...
  4. Don Mansfield

    Successive Bid Protests

    If the exchange must be classified as one of the three, then I think it would be clarification. The purpose would be to enhance the parties' understanding of the prospective contract, allow reasonable interpretation of the proposed contract, but not permit revision of the proposal. However, I don't think that such an exchange needs to be classified as one of the three. You've identified a risk that the contracting officer takes when awarding without discussions. This exchange mitigates that risk. I don't see anything in the FAR that would prohibit such an exchange.
  5. Don Mansfield

    Successive Bid Protests

    Vern, Would you please clarify your position? Are you saying that a contracting officer should talk with a prospective contractor (to ensure common understanding, etc.) before awarding a multi-million dollar contract? Or are you saying a contracting officer should conduct discussions with offerors before awarding a multi-million dollar contract? I think a contracting officer could have a professional talk with a prospective contractor to go over terms and conditions in order to try to confirm a meeting of the minds, determine that discussions are unnecessary, and award without discussions. I don't think that would be insane.
  6. Not until July 1. We're still in the old days.
  7. Don Mansfield

    NASA SEWP and BPAs

    @FrankJon, I think you are in the land of FAR 1.102(d).
  8. Don Mansfield

    SDVOSB resellers and work percentage

    That doesn't make sense. FAR part 12 does not contain a distinct set of procedures for solicitation, evaluation, and award. When using FAR part 12, you do so in conjunction with FAR parts 13, 14, or 15. See FAR 12.203:
  9. Don Mansfield

    Fee on Negotiated Changes

    @PepeTheFrog Are you advocating deception in negotiation, or are you just saying that it's common and that you should be prepared for it?
  10. Don Mansfield

    SDVOSB resellers and work percentage

    Do the contracts contain FAR 52.219-27? If so, have you read paragraph (d) of the clause?
  11. Don Mansfield

    SDVOSB resellers and work percentage

    Are you referring to set-asides? Are the procurements over the SAT?
  12. If we start from scratch, do we have to work within the Constitution, or is that on the table, too?
  13. Don Mansfield

    Evaluation Factors

    It could, but that would be the antithesis of performance-based acquisition, which is defined as: If I'm concerned about outcomes as opposed to manner of performance, what would be the point of making the staffing plan binding? Also, it may not be consistent with customary commercial practice to make a "plan" binding.
  14. Don Mansfield

    Evaluation Factors

    You're not being responsive to my question. Let's try this: True or False: For purposes of evaluating my performance under the contract, it really doesn't matter if I follow my staffing plan--what matters is that I comply with the contract terms.
  15. Don Mansfield

    Evaluation Factors

    The fact that the Government consistently requires submission of plans, etc., does not mean that doing so is consistent with customary commercial practice. What you want to find out during market research are the customary practices under which commercial sales of services are made. Do sellers customarily have to provide "QCP/Contract manager's resume/complete package submitted/technical approach to performance" to potential buyers in order to make a sale? Or is this just something that Government buyers ask for? As a Government buyer, you have baggage. When you are buying a commercial item, you need to minimize your baggage as much as possible.