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Don Mansfield

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Everything posted by Don Mansfield

  1. competitor not performing

    Pepe, I thought you were dead: https://www.theverge.com/2017/5/8/15577340/pepe-the-frog-is-dead-matt-furie
  2. Estimated Delivery Order

    Searching, Your thinking is correct--the case that your legal counsel is relying on is inapposite--you are not issuing an order under a multiple-award contract.
  3. Estimated Delivery Order

    Board decisions involving blanket delivery orders: Did the Boards think they were a no-no?
  4. Estimated Delivery Order

    Searching, you understand that your legal counsel offered an opinion, correct? Did you ask for the factual basis of their opinion? Perhaps you would arrive at a different conclusion if you reviewed those facts. That's what someone who was searching for answers would do.
  5. R&D contracting

    Will you be awarding procurement contracts under broad agency announcements?
  6. FrankJon, What do you mean by "this stuff"? How to compete an order under FSS BPAs?
  7. joel, Here is the relevant excerpt from the Pricing Guides: Italics added for emphasis.
  8. Generally, the Government wouldn't take into account differing transportation costs when the delivery terms are FOB destination. See Volume I, Subchapter 5.4, of the Contract Pricing Reference Guides regarding transportation costs.
  9. RFI ... Evaluations and ... Down-Selects? Huh?

    I don't think you could eliminate anyone from the competition based on the RFI responses, without justifying other than full and open competition. However, you could advise the potential offerors where they stand, as described in FAR 15.202(b). If someone were notified that they wouldn't be a viable competitor and still submitted an offer, and you received offers from the three offerors that you invited to compete, then you could eliminate the one you didn't invite for purposes of efficiency IAW FAR 15.306(c)(2).
  10. Odd Protest

    Yes, it was odd. I read about this yesterday. I don't get why they did it.
  11. 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.
  12. Performance Work Statement - Writing Training

    Yes, we would. Send me a PM.
  13. 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
  14. 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?
  15. PTA above ceiling price — how big a deal, really?

    You think a 50/50 share line is flatter than an 80/20 share line?
  16. 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?
  17. I don't think writing the D&F is the issue--it's getting the approval.
  18. 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.
  19. What if this figure is a trade secret? Is it still "releasable"?
  20. 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
  21. 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.
  22. 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.
  23. 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.
  24. Commercial vs non-commercial

    Just wondering--what's the harm in giving the COs the pricing information they want?