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Don Mansfield

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Everything posted by Don Mansfield

  1. Odd Protest

    Yes, it was odd. I read about this yesterday. I don't get why they did it.
  2. Use of other than FFP under SAP

    The purpose of this poll is to determine how common the use of other than firm-fixed-price contracts is when using simplified acquisition procedures.
  3. Performance Work Statement - Writing Training

    Yes, we would. Send me a PM.
  4. PTA above ceiling price — how big a deal, really?

    If you want to see what it looks like graphically, you can use this: FPIF-CPIF Calculator-Grapher 20120817.xlsx
  5. Suspension of Work

    Vern, Do you think the contractor would still be required to provide the REA certification that ji referred to if the adjustment exceeded the SAT?
  6. PTA above ceiling price — how big a deal, really?

    You think a 50/50 share line is flatter than an 80/20 share line?
  7. Lionel, So are you saying that, absent an affirmative statement by the contractor, the Government should not release unit pricing in a debriefing? What if the solicitation contained more than just a notice? For example, "By submission of its offer, the offeror hereby consents to the release of its unit prices in a postaward debriefing. If the offeror objects to granting such consent, they shall notify the contracting officer..." or something like that. Would that scratch your "affirmative statement by the contractor" itch?
  8. I don't think writing the D&F is the issue--it's getting the approval.
  9. I don't think it's safe to assume that a unit price is or is not exempt from release under FOIA. According to the Department of Justice FOIA Guide: My advice would be to put a notice in the solicitation that the Government intends to disclose the successful offeror's unit prices in the postaward debriefing. If the offeror objects to the intended disclosure, please notify us and provide rationale. This way, we can get the FOIA issue out of the way prior to the postaward debriefing.
  10. What if this figure is a trade secret? Is it still "releasable"?
  11. How do you stay updated?

    You can subscribe to the Federal Register under the topic of "Government Procurement": https://www.federalregister.gov/topics/government-procurement
  12. What if the contractor were Vern Edwards? Would that be throwing money at the problem? There's a lot of talented acquisition people out there that don't work for DAU. In fact, DAU routinely hires contractors to develop its courses. CON 280 was developed by a contractor. The new curriculum for small business professionals was developed by a contractor. If we were tasked with developing a course for writing more effective SOWs, we'd probably hire a contractor.
  13. Can Mil-STD products be commercial items?

    No, that's not correct. Military standards are commercial standards for some items. For example, MIL-PRF-23699F-STD is a standard for gas turbine lubricant that is required in some commercial aircraft (see also https://www.exxonmobil.com/english-us/aviation/pds/glxxmobil-jet-oil-ii). The next time you take a commercial flight, take a close look at the wing. You may see small signs saying "Use MIL-STD-XXX Lubricant Only" or something similar.
  14. Request for Assistance

    jonmjohnson, I once tried a software program called Virtual Thread that analyzes writing for readability. I entered the text for the provision at FAR 52.215-1 and it identified ( c )(3)(iv) as the least readable paragraph: I count 75 words and one sentence.
  15. Commercial vs non-commercial

    Just wondering--what's the harm in giving the COs the pricing information they want?
  16. ITAR for Vendors/Subs

    Fake news or just alternative facts?
  17. SB Set-Aside LPTA Evaluation Factors

    Deaner, Have you concluded that it doesn't make sense to use a responsibility-type factor to determine technical acceptability when using LPTA?
  18. Signing actions above warrant authority?

    joel, It's certainly not beneath me to start a thread that is a set-up, but this is not one of those instances. The OP did not say that he was in DoD, so I'm only paying attention to what the FAR says.
  19. Minimum Delivery Order

    I don't think so, but I'm hesitant to interpret a contract without reading it. You may have a case. Have you read this?
  20. Contract Closeout Process

    I didn't know that. I haven't had any current DCAA auditors in my classes, but I have had some former auditors.
  21. Signing actions above warrant authority?

    Todd, I'm not telling you anything. You asserted that FAR subpart 1.6 prohibited a certain type of delegation and asking for proof because I don't see it. If the FAR does not expressly prohibit a CO from delegating their authority to sign contracts of an amount within their authority, then why should we think it's prohibited?
  22. Signing actions above warrant authority?

    Todd, I get that the appointing authority is the one who can appoint someone a contracting officer on a SF 1402. However, all authorities in the FAR are delegable unless specifically stated otherwise (FAR 1.108(b)). So, if the FAR grants the contracting officer the authority to do something and is silent on whether the authority is delegable, why couldn't they delegate that authority? Do you think the delegate would also have to be appointed on a SF 1402?
  23. Terminology

    Formation of Government Contracts, Third Edition, describes one such reason in chapter 6, section IX (Sole Source Procurements) on p. 918:
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