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Don Mansfield

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Everything posted by Don Mansfield

  1. Acquisition Mentoring Program Survey

    A former student of mine is part of a team conducting a survey to gauge interest in a Mentoring program for Acquisition. If you work in federal acquisition and work for a federal agency (including DoD), please take a few minutes to complete the survey. The more junior you are, the better. From the team:
  2. Vern wrote an article in the Nash & Cibinic Report on this topic--SOLE SOURCE ACQUISITIONS--What Are The Proper Procedures?, 26 N&CR ¶ 12, March 2012. Here's a relevant excerpt: See also FAR 6.301(d): But must an agency prepare a solicitation when contracting on a sole-source basis? This question comes up from time to time in contracting office discourse, because as a practical matter a solicitation may be unnecessary. It is clear that the FAR contemplates the issuance of a solicitation in a sole-source acquisition. See, e.g., FAR 15.002(a): [...] And see FAR 6.302-1(d)(2): So when contracting on a sole-source basis a CO must (1) prepare some kind of solicitation that describes its requirements, (2) notify the public that it is available, (3) furnish it to others upon their request, and (4) consider any proposal or “capability statement” received.
  3. Not that I know of. Have you thought of saying thanks, but no thanks?
  4. DFARS 215.404-1 Update question

    Neil, The title of FAR 15.404-1(b) is "Price analysis for commercial and non-commercial items".
  5. Plan of Action for SB Goals

    You made certain assumptions when you established your goals, right? Explain what happened that you couldn't have reasonably expected (i.e., your mitigating factors) and how this affected meeting your goals. Cause and effect. Given what happened and the likelihood of it happening again in the future, describe what you plan to do differently in the future to meet your goals.
  6. DFARS 215.404-1 Update question

    Sure. That's not new. See FAR 15.404-1(b)(2)(ii).
  7. Plan of Action for SB Goals

    Your plan should have identified what supplies/services you intended to subcontract to SDBs, WOSBs, and HUBZone SBs. Why didn't you buy the identified supplies/services from SDBs, WOSBs, and HUBZone SBs?
  8. Have you read FAR 27.202 and FAR 27.302?
  9. I don't understand that. Why wouldn't there be a funds citation? Wouldn't there have to be sufficient appropriated funds to cover the obligation?
  10. When the IDIQ contract is awarded, the CO has created an obligation for the minimum. What ji is saying is that the Comptroller record the obligation on the agency's books in the event an order is not immediately issued. Nothing wrong with that. In fact, it's what the Recording statute requires.
  11. This is what I call job security.
  12. Those Pesky IDIQ Contracts Again

    The fill-in in paragraph (d) applies to "deliveries". Is the contractor making deliveries? Note that the clause distinguishes between "deliveries" and "performance" in paragraph (b) and (c).
  13. What is the market price for the items of the same type that have been sold (or offered for sale) to the general public?
  14. IDIQ VS. Requirements

    It could be. It would be appropriate for mortuary services. I don't see the simplicity of the service being much of a factor when deciding between IDIQ and requirements.
  15. IFB for Construction Issued Low Bid Under SAT

    I don't think you have to remove FAR 52.228-15. Paragraph (b) of the clause makes it inapplicable under $150K. So, I think you can award. I also don't see a problem with a bilateral modification to include FAR 52.228-13. However, I wouldn't assume that this would cause a decrease in the contractor's cost of performance. Since the requirements of FAR 52.228-15 didn't apply to their bid, they may not have assented to any payment protections. The addition of FAR 52.228-13 may increase the cost of performance.
  16. Did the CBCA commit and error in logic?

    The board assumed that an IDIQ contract is distinct from a time-and-materials contract. They didn't realize that the terms "IDIQ" and "time-and-materials" describe different aspects of a contract. "IDIQ" describes the contract's delivery/quantity arrangement and "time-and-materials" describes the contract's cost/pricing arrangement. They're doing the equivalent of trying to determine if a baseball is a round object or a white object--not realizing that it's both.
  17. Ethics and Transparency

    Request the contract through FOIA.
  18. 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.
  19. New FAC Contains Wonderful Thanksgiving Surprise

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

    A change like that requires public comment.
  21. 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.