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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

    Commercial FFP - why?

    There's a procedure for vessel repair that's similar to what ji suggested at DFARS PGI 217.7103-5: Although it appears in the DFARS PGI coverage for vessel repair, it could be used for other types of repair.
  2. Don Mansfield

    Source Selection Approaches- all of them?

    If by "viable" you mean "not prohibited", then the answer is yes. What do you mean by "named/identified"? Do you mean identified in the regulations?
  3. Don Mansfield

    FAR 52.232-25 Alt 1 Payment Days Authority

    Have you considered an advance payment pool? See DFARS 232.470(a).
  4. Don Mansfield

    Option Year Renewal

    Does your contract require you to do that?
  5. I wrote about conflicts between the FAR and SBA regulations in the September 2015 Nash & Cibinic Report: This is a questionable position given that both the U.S. Court of Federal Claims and the GAO have viewed the SBA regulations as controlling when they conflict with the FAR. In C & G Excavating, Inc. v. U.S., 32 Fed. Cl. 231 (1994), 36 GC ¶ 599, the court dealt with a FAR rule that limited the scope of SBA review to those areas of responsibility identified as lacking by the CO when considering an application for a COC. The SBA regulations contained no such limitation. In resolving the conflict, the court stated: In Adams Industrial Services, Inc., Comp. Gen. Dec. B-280186, 98-2 CPD ¶ 56, 1998 WL 546000, 40 GC ¶ 460, the GAO sustained a protest where the agency, relying on FAR 19.302(j) (48 C.F.R. § 19.302(j) (1998)), argued that size protests received after award had no effect on the award—they only have prospective applicability. The GAO stated: See also Diagnostic Imaging Technical Education Center, Inc., Comp. Gen. Dec. B-257590, 94-2 CPD ¶ 148, 1994 WL 588043, 36 GC ¶ 609 (timely filed postaward size protest applied to instant award despite FAR stating that decisions on such protests have only prospective applicability). Thus, if a conflict exists between the FAR and the SBA regulations, it seems that a CO would be in the difficult position of having to deviate from the FAR to comply with the law as interpreted by the Court of Federal Claims and GAO. See FAR Subpart 1.4, “Deviations from the FAR.” [...] In C & G Excavating, the Court of Federal Claims stated: Having said that, I don't think its practical or reasonable to require COs to request deviations for every small business set-aside (what ji said). However, if the issue were protested, the GAO and the COFC would likely defer to the SBA regulations to resolve the conflict. But maybe not. In this case, there is a proposed rule in the pipeline to revise the FAR. In the cases I cited above there was a conflict that the FAR Council was ignoring.
  6. Don Mansfield

    Relevance of the Defense Acquisition Corp

    Some positions require that you be a member of the DAC. That's the only purpose I know of.
  7. Technically, I think the safest thing to do would be to request a deviation. That way, the CO would be compliant with the FAR, the NDAA, and the SBA regulations. However, I don't think it's practical for the contracting officer to ask for a deviation every time they're going to do a small business set-aside. I think a CO should take ji's approach. If someone protests, request a deviation.
  8. How about "PATH"? (Price Acceptable Technically Highest)
  9. I'd imagine you'd sound like a pirate when you say that.
  10. That's too long. I think we should make an acronym out of it while there's still time.
  11. When you refer to HTRFRP in speech, do you have do sound out each letter? Or can you say something like "HIT-ferp" or "HI-ter-ferp"?
  12. Don Mansfield

    AeroSage, LLC

    Yes, it is. Status of FAR Case 2016-011: It's only been a little over two years since the SBA published the change in its regulations, which implemented a section of the FY 2013 NDAA. You don't want to rush these things.
  13. Don Mansfield

    Closing Time For a Required Debriefing

    Bob, Are you asking about the cutoff time for submitting the debriefing request?