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Don Mansfield

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Everything posted by Don Mansfield

  1. Don Mansfield

    how to structure emergency service

    Carl, 75-80% of the time seems high to me. Suppose the same contractor had a requirements contract to support Base A and a BPA to support Base B. All other things equal, you think that the contractor would respond to 95% of Base A orders within 4 hours and only 20-25% of Base B calls within 4 hours?
  2. Don Mansfield

    how to structure emergency service

    Understood. That's all I'm asking.
  3. Don Mansfield

    how to structure emergency service

    Carl, For argument's sake, when coming up with your estimate please make the same assumptions about the requirement as Vern:
  4. Don Mansfield

    Charging with Coverage

    Corduroy, You can make some serious coin as a qui tam relator: https://www.phillipsandcohen.com/whistleblower-rewards/
  5. Don Mansfield

    how to structure emergency service

    Vern and Carl, 1. Using Carl's approach (Requirements contract), what is the probability of the contractor not showing up to respond to an emergency (the type described by the OP) within four hours of being notified? Give me your best estimate. Assume contractor is responsible. If you want to make further assumptions, you can. Just let us know what they are. 2. Using Vern's approach (BPA), what is the probability of an individual BPA holder not showing up to respond to an emergency (the type described by the OP) within four hours of being notified? Give me your best estimate. Make the same assumptions about the BPA holder and the requirement you did for #1. Everything's the same, but the instrument used (BPA instead of requirements contract.
  6. Don Mansfield

    how to structure emergency service

    Yes, but at the time you placed the call, the contractor would not be required to work and the Government would not be required to pay. An emergency would have to arise and the Government would have to call the contractor. Look, I get what you are proposing and you could probably convince a lot of folks that it's ok based on the case you found, but I'm still not convinced.
  7. Don Mansfield

    how to structure emergency service

    That's a good find, jwomack. However, I don't think the GAO was consistent with the Red Book in the decision. From p. 7-21 of the Red Book: The case that GAO relied on in the case you cited is inapposite, in my opinion. In that case (B-305484) the Government awarded contracts to arbitrators and was uncertain how much it was going to end up costing, so they obligated an estimate. At the time of the contract, the arbitrators were required to work and the Government was required to pay. The Government was liable and should have recorded an obligation at that time. This is the same rationale for recording an obligation of the estimated cost in a cost reimbursement contract. However, that doesn't seem to be the case in B-321296. In that case, the contractor was not required to perform court reporting until a need arose and the Government ordered them to do so. There was no liability unless and until the order was placed, so there was no recordable obligation at award (unless there was guaranteed minimum). As far as an open-ended BPA call for emergency repair services, where the Government orders work as emergencies arise, there's no liability unless and until the Government orders the services. As such, there's no recordable obligation.
  8. To answer the title question--most likely yes, for DoD. A recent DFARS final rule, Procurement of Commercial Items (DFARS Case 2016-D006), added the following definition at DFARS 202.101: Since small business concerns are exempt from CAS, most small business concerns would fall within the definition. This has significant consequences because the final rule also added the following at DFARS 212.102(a)(iii): So, DoD contracting officers can use FAR part 12 procedures to buy both commercial and noncommercial items from most small business concerns. I admit that I did not appreciate the scope of this rule when I first read it. I would have expected more dancing in the streets by both small business concerns and DoD contracting officers. Maybe there was and I missed it.
  9. Don Mansfield

    Are Small Business Concerns "Nontraditional Defense Contractors?"

    help, It's a popular misconception that FAR part 12 procedures are for commercial items and FAR part 15 procedures are for noncommercial items. When acquiring commercial items, the CO will typically use one of three contracting methods: As such, I think what you're asking is if, when acquiring noncommercial items on a competitive basis, the CO should prepare one solicitation for NTDCs (containing commercial provisions & clauses) and one for others (containing noncommercial provisions & clauses). That's a good question. I don't know.
  10. Don Mansfield

    Are Small Business Concerns "Nontraditional Defense Contractors?"

    I think you have it right in the second scenario, too. The solicitation will also include DFARS 252.215-7013. I don't understand your last sentence.
  11. Don Mansfield

    Are Small Business Concerns "Nontraditional Defense Contractors?"

    That's not necessarily true. Remember that it's possible for a contractor to be small under some NAICS codes, and not small in others. So, it's possible that a contractor that is small under one NAICS code has performed a CAS-covered contract under a different NAICS code. Also, it's possible that a contractor was not small when it was awarded a CAS-covered contract, but is small now. That's why I used "most" in the blog entry.
  12. Don Mansfield

    how to structure emergency service

    We prefer "The Three Amigos".
  13. Don Mansfield

    how to structure emergency service

    Vern, I agree and would add that if you had standing price quotations from the plumbers, then I don't think you would have to justify soliciting from a single source (because you wouldn't be). It's customary commercial practice for plumbers to have hourly rates for emergency work.
  14. Don Mansfield

    how to structure emergency service

    jwomack, I remember that case now, thanks. I think you're #2 would result in the violation of the Recording statute (31 U.S.C. 1501). The CO would be overrecording the obligation for the work that was anticipated, but not yet identified or ordered. The Government wouldn't have any liability unless and until it ordered the anticipated work. That would not be a definite liability. From pp. 7-55 & 7-56 of the GAO Redbook: What you propose would be similar to obligating funds at award for anticipated changes or obligating the amount for award fee before it has been earned. It's common practice, but that doesn't make it legal. I don't know what agency you work for, but DoD requires that funds be "committed" (i.e., administratively reserved) to cover expected future obligations (see DoD FMR Volume 3, Chapter 8).
  15. Don Mansfield

    how to structure emergency service

    1. Why would awarding multiple BPAs on a competitive basis relieve you from any competition requirements for purchases made under those BPAs? 2. What do you mean by "a CO could park money on a call"? Do you mean the CO could obligate funds in excess of what's currently required in anticipation of future work?
  16. Don Mansfield

    how to structure emergency service

    I assume there's an on-site Government representative at midnight on Saturday. The contracting officer could delegate authority to that representative to issue task orders orally.
  17. Don Mansfield

    Problem of the Day

    Scenario: You are a contracting officer and you have a requirement for the purchase of an estimated $1 million worth of noncommercial supplies. The acquisition is in support of a contingency operation and the purchase is to be made outside the United States using simplified acquisition procedures (SAT=$1.5 million). None of the exceptions to requiring certified cost or pricing data at FAR 15.403-1(b) apply.
  18. Rob, When God has a Government property question, he asks Doug Goetz: https://government-property.com/dr-douglas-n-goetz-cppm-cf/
  19. Don Mansfield

    Is this a common evaluation scheme?

    Who knows? They are not required to, if that's what you want to know. Why not suggest it to the CO? It would save a lot of time and effort for offerors that aren't qualified. Keep in mind, though, that such a suggestion may result in a process that is below the minimum bureaucratic threshold of the agency. When you go below that, it may cause the policy folks to say it's against policy and the legal folks to say it's illegal.
  20. Don Mansfield

    Commerciality Request

    StePa, Give them a quote for providing a commercial item justification. Price out each type of data they would like.
  21. Don Mansfield

    Problem of the Day

    Really? So, assuming the date "payment would otherwise be due" is later than the date the CO received the claim, the CO would be compliant with the Disputes statute if they paid interest starting on the date "payment would otherwise be do"? Yes or no is sufficient--you don't need to explain. Also, just so I'm clear on your position--you believe, as a general proposition, that compliance with the regulation implementing a statute ensures compliance with the statute. Do I have that right? Again, yes or no is sufficient--you don't need to explain.
  22. Don Mansfield

    Problem of the Day

    Vern, Your argument was premised on the notion that being compliant with a regulation that implements the statute would make you compliant with the statute. I provided a counterexample--I didn't change the topic.
  23. Don Mansfield

    Problem of the Day

    So if I'm compliant with FAR 33.208 regarding the payment of interest on claims, then I'm compliant with the Disputes statute? You don't have to answer that.
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