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Don Mansfield

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Everything posted by Don Mansfield

  1. @Jamaal Valentine, @jtolli, @lotus, @PepeTheFrog, @bentley78, @dgm, @apsofacto, @FAR-flung 1102, @marcconcilio, I have attached the results of my evaluation. You have one week to review and challenge. Plain Language Evaluation Sheet.xlsx
  2. @lotus, Are your contracts fixed-price or cost-reimbursement?
  3. It means that the competition is open to other than small businesses.
  4. I was able to find a case that supports this. See Bulloch International, Inc, B-237369, Feb 5, 1990. The Navy rejected a bid as nonresponsive under a small business set-aside where the bidder listed a "FMS/Off set arrangement country end product", in its Buy American Act certificate. The GAO denied the protest: That wouldn't surprise me. Maybe. I suggest you seek counsel from an attorney.
  5. I think that you are currently out of luck. However, when pricing future contracts you should include a reasonable contingency to cover the increased costs of a shutdown. We have the historical data on shutdowns. Remember this.
  6. I don't know for sure. I didn't read the whole FR notice. It was long and I think Nena's a lawyer, so if there was something pertinent I thought she'd find it. Sorry.
  7. @hallowed, When interpreting a contract under the common law, one must interpret it as a whole--not individual sections or clauses. See NVT Techs., Inc. v. United States, 370 F.3d 1153 (Fed. Cir. 2004), stating at 1159: The problem with your interpretation (i.e., the contract permits delivery of a foreign product) is that it renders FAR 52.219-6(d) meaningless. If we read FAR 52.219-6(d) and DFARS 252.225-7001(c) together, I think that the FAR clause is placing further restrictions on the source of the product.
  8. Good questions. I can see why you are confused. There aren't different versions of the clause at DFARS 252.225-7001--Buy American and Balance of Payments--one for small business set-asides and one for unrestricted acquisitions. I doubt the DAR Council even considered that option when creating the clause. That's probably because the FAR/DFARS Foreign Acquisition Committee is different than the FAR/DFARS Small Business Committee and there's no committee to make sure the different parts are coordinated. It doesn't occur to them that a small business competing for a set-aside could interpret a solicitation containing DFARS 252.225-7001 as permitting the delivery of a foreign product. The nonmanufacturer rule doesn't apply between the micro-purchase threshold and the simplified acquisition threshold. However, a small business must still provide a domestic firm's product. An SBA waiver of the nonmanufacturer rule permits a small business from providing any firm's product--including a foreign product. FAR 13.302-4(b) says that the contracting officer's notice of cancellation is supposed to request the contractor's written acceptance of the cancellation. Did the notice request this? If so, how did you respond? If you refuse the cancellation or claim that you incurred costs, the CO is supposed to handle it like a termination.
  9. The problem doesn't seem to be your compliance with DFARS. Assuming these acquisitions were set aside for small business, the problem is your compliance with FAR 52.219-6. As ji pointed out, FAR 52.219-6 requires your products to be domestic (unless the nonmanufacturer rule was waived). Qualifying country end products are not domestic.
  10. Does the Government need to be open for your employees to work?
  11. I just spoke to a well-known veteran of Government contracting who read your post. His advice was to run, don't walk, from the 1102 series. Don't put the experience on your resume and consider obtaining a new identity.
  12. I think you are making overly broad conclusions about the 1102 series based on limited experience. There are places you can work that are more suited to forward-thinking and innovation. For example: https://gcn.com/articles/2018/12/11/arrieta-hhs-accelerate.aspx
  13. 😂Someone just took the lead in the humor category.
  14. @Retreadfed, I don't think so. Black's Law Dictionary contains the following entry for "term": And the following entry for "condition": So, if I understand correctly, the following sentence includes both a term and a condition: The condition is the increase or decrease in the cost of, or time required for, performance of the contract. The term is the requirement to equitably adjust the contract. Perhaps a lawyer can check my understanding. I don't think that everything in a contract would be a "term" or "condition". For example, page numbers, requisition numbers, instructions to the payment office, are informational in my view. I don't think the dollar figure cited at the end of a line of accounting is a term. I think the purpose of that number is to communicate the amount of the obligation created to the agency accounting office. Unless the figure were erroneous, I don't know how a change in the amount of the obligation would not also be accompanied by a change in the contract terms.
  15. Other than administrative changes and unilateral changes expressly permitted by a contract clause, what do you think a CO can unilaterally modify in a commercial contract?
  16. To evaluate that assertion, we need to know what you mean by "terms and conditions".
  17. I took the paragraph from FAR 52.215-1( c )(3)(iv). My assumption is that the text can be made more readable. The Dale-Chall Readability adjusted score is 11.1. That corresponds to "Grades 16 and Above (College Graduate)", which is the highest level on the scale.
  18. I invite you to participate in a plain language writing contest. To participate, re-write the passage below in plain language and post your entry in the comments section below. Here is the passage: You may submit more than one entry. I will score your entry for readability using the Dale-Chall Readability Formula. Your entry must communicate the essential information in the passage to be acceptable. The acceptable entry with the lowest adjusted readability score will be the winner. I will send the author of the winning entry a copy of The Write Way: The S.P.E.L.L. Guide to Real-Life Writing by Richard Lederer and Richard Dowis. I will also give an award for the most humorous entry. I will send the author of the most humorous entry a copy of The Play of Words: Fun & Games for Language Lovers by Richard Lederer. The deadline for receipt of entries is December 27 at 4:30 pm Pacific Standard Time. If an emergency or unanticipated event interrupts normal Wifcon processes so that entries cannot be received on the Web site designated for receipt of entries by the exact time specified in the invitation, and urgent requirements preclude amendment of the invitation, the time specified for receipt of entries will be deemed to be extended to the same time of day specified in the invitation on the first work day on which normal Wifcon processes resume. Enjoy.
  19. That's exactly what the seller did in the problem.
  20. The contractor doesn't have to eat the loss. They could buy insurance, right?
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