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Don Mansfield

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Everything posted by Don Mansfield

  1. ji's argument only holds water if a notice of fair opportunity, by definition, does not request quotations or offers from the Government. He presents no basis for that other than he would not put the Bankruptcy clause in a notice of fair opportunity. A "solicitation" is defined as: Why can't a notice of fair opportunity request quotations or offers? Maybe some do and some don't. ji has avoided answering the question of whether a notice of fair opportunity requests quotations or offers from the Government because a "yes" answer would undermine the distinction he's trying to make. A "no" answer would require him to explain why that is necessarily so, which he cannot. Further, ji believes that the FAR Councils came up with "notice of fair opportunity" to distinguish it from "solicitation" when developing FAR 16.505 procedures. The evidence presented is that "solicitation" does not appear in FAR 16.505. That's an interesting theory, but there's not enough evidence for a reasonable person to draw such a strong conclusion. Certainly not enough to claim "A fair opportunity notice is not a solicitation within the construct of the FAR" as a matter of fact. Or to accuse others of being sloppy. Some of what has been posted in agency supplements seems to contradict that theory.
  2. Seems pedantic to distinguish between "decided subjectively" and "found".
  3. I think your post is unfair. The author's two posts were made eight hours apart.
  4. Not surprised you like it--aren't you one of the PIL team members? In any case, I didn't say I didn't like it. It's just someone who wrote this in another thread: A pedant like that might take issue with your document.
  5. From p. 14 T/F table titled "Fair Opportunity/Orders Under Multiple-Award Contracts" Some people would call that sloppy.
  6. Are you familiar with "Even Swaps"? https://hbr.org/1998/03/even-swaps-a-rational-method-for-making-trade-offs Make sure you read "Ben Franklin's Moral or Prudential Algebra" that is linked in the article. There's no need to evaluate each factor on a scale to use these methods.
  7. As I'm sure you know, a breach of contract entitles the nonbreaching party to compensatory damages. Such damages could include excess reprocurement costs.
  8. I think that an argument can be made that the CAS clause in the parent IDIQ contract should only apply to orders that would otherwise be CAS-covered. By operation of FAR 52.216-18, the terms and conditions of the IDIQ apply to orders issued under the IDIQ. If a contractor receives an order under a parent IDIQ contract that contains FAR 52.230-2, then that clause applies to the order. However, the requirements of the clause are premised on whether or not the contract is exempt. The clause begins with: We know from the Kingdomware decision that a task or delivery is a "contract" as defined at FAR 2.101. Thus we can reasonably interpret the above use of "contract" to mean the task or delivery order.
  9. @ji20874, That doesn't answer the question of whether a fair opportunity notice is a request to submit offers or quotations to the Government, does it? You passed on answering that question, so Ibn Batutta helped you out. You should thank him.
  10. Let me get this straight. You make the following claim: Wondering how you reached that conclusion, I ask a simple question: You dodge the question multiple times, then wonder why I haven't responded to you? Is this you being intellectually honest? By "meaningful and professional dialogue", do you mean we can make whatever claims we want without having to bear the burden of proof? And this is the direction we should move in?
  11. Is a fair opportunity notice a request to submit offers or quotations to the Government? YES or NO
  12. Then you should just answer the question. Your claim was: Is a fair opportunity notice a request to submit offers or quotations to the Government? YES or NO
  13. Is a fair opportunity notice a request to submit offers or quotations to the Government?
  14. No, I think that's the way it is. A former colleague of mine at DAU went through the trouble of making a single file for the entire DFARS in pdf. It used to be on the DFARS landing page on the FARSite, but that site no longer exists.
  15. What if the company didn't do what they said they were going to do, but performed well? I think the responses to those questions would be verifiable. The offeror would report facts. That could yield useful information in predicting an offeror's performance. However, that's different than: If you request this information, you will get unverifiable nonbinding statements about the future. The offeror will have to invent responses instead of report facts. This information is not as useful in predicting how an offeror would actually perform. As Matthew wrote, this introduces noise into the decision-making process.
  16. You mean contracts awarded under the SDVOSB and HUBZone programs, correct? The clause would apply to an SDVOSB or HUBZone SB that won a small business set-aside.
  17. @ji20874, I don't know what you mean by technical proposal. Do you mean a description of what an offeror plans to do if they awarded a contract? No promises, just plans and other statements of intention?
  18. 1. What assurance would you have that the "approach" presented in response to the SOO would be the "approach" that the offeror would use in performing the contract? 2. What evidence do you have that a person stumbling through an oral presentation with poor answers correlates to poor software development? Developing software and providing oral responses to technical questions are not the same skills. I would not expect software developers to impress at an oral presentation. I would expect them to be more like Elliot Alderson. 3. What assurance would you have that the people answering the questions in an oral presentation would be the people developing the software?
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