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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. Ethics and Transparency

    Request the contract through FOIA.
  2. New FAC Contains Wonderful Thanksgiving Surprise

    I base it on 41 U.S.C. 1707(a), which clearly states:
  3. New FAC Contains Wonderful Thanksgiving Surprise

    A change like that requires public comment.
  4. FAC 2005-96 Muppet Video

    I should add that omitting the link from solicitations that include the provision at FAR 52.204-8 would be a FAR deviation.
  5. It's been almost 10 months since the FAR Council issued the last Federal Acquisition Circular (FAC). The streak of inactivity will be broken on November 6 when FAC 2005-96 will be published. The FAC contains a single rule that removes the Fair Pay and Safe Workplaces Rule. But that's not what makes the rule so remarkable. Item 16 of the FAC makes changes to the provision at FAR 52.204-8 as follows: Notice something strange? See that link to a YouTube Video? That's really there. It's in both the html and pdf versions of the FAC. It is officially contained in the FAR. What is the video? I won't spoil it for you--click and find out.
  6. Trade Agreements (TAA)

    So, you would buy the iPad for Government use? It's not for your use?
  7. I don't know the significance of a document being transferred to the Policy Vault archives. The description of the archives sounds like a policy document graveyard: It would be strange to move documents to an archive if they were still effective. But, I admit I don't know for sure.
  8. Like this: https://www.acq.osd.mil/dpap/ops/policy_vault.html
  9. Progress Payments by CLIN

    Thanks for the tip, Pepe. No, I don't think that's a deviation. I think ji's clause is clarifying the terms of a contract that is a combination of contract types. It's not like he's making up his own rules. Carry on.
  10. Where/ How to start learning?

    There's a program that will spit out what should be flowed down to subcontracts if you upload your contract in a Word document. Check out http://just-clause.com/Home/Index.
  11. IDIQ Decision

    Yes, you can offer a lower price.
  12. Mandatory E-Payroll

    Do you think the higher-ups in USACE even thought about 41 USC 1707? I'm not arguing that the clause in question should have been published for comment (I can't open that link), but I can' find a single USACE provision or clause in Title 48 of the CFR. Chapter 51 of Title 48 only lists three clauses:
  13. No, you're correct. However, you're incorrect in thinking that DPAP is responsible for you getting an error message. For some reason, some people just can't accept that if a DFARS provision or clause is not listed in DFARS 212.301(f), then it's not required in a solicitation for the acquisition of commercial items. They seize on prescribing language that says "Insert this clause in all solicitations and contracts..." and become stuck. They don't get the concept that regulations must be read as a whole. I recently had a former student e-mail me with the same dilemma--her legal counsel sent back her solicitation because it didn't contain some DFARS clauses, including DFARS 252.225-7048. This is what her legal counsel wrote: This is what I wrote back to her: So, when her legal counsel saw the FR notice and read 41 USC 1906, they realized their mistake...is not what happened. They responded by saying the statutes that the DFARS clauses in question implement take precedence over the DAR Council determination. This person has a law degree and is the member of a bar in some state. Sad. fr_2011-D056 (1).pdf
  14. Mandatory E-Payroll

    Although not directly on point, this article contains a good description of the agency practice of imposing nonlegislative rules as if they are legislative rules. In terms of acquisition, this is similar to the implementation of local policies via local clauses. The description for the motives and consequences of such behavior would seem applicable to acquisition: Note that 41 USC 1707 imposes publication for acquisition rules, not the APA.
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