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Don Mansfield

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Everything posted by Don Mansfield

  1. If they refuse, they would likely be in breach of FAR 52.216-22, Indefinite Quantity. See paragraph (b) of that clause.
  2. Assuming the multiple BPAs were awarded competitively, couldn't the ordering official just rotate calls among the BPA holders?
  3. FAR 52.222-46 is a solicitation provision--not a clause. Are you asking whether you are required to include the provision in a notice when using FAR 16.505 procedures?
  4. @Prosperity, You seem to be approaching this as if you have discretion. That would be wrong. If the conditions of FAR 19.502-2(b) are satisfied, then you cannot have full and open competition.
  5. @JackSparrow, You could protest an OTA award, but the GAO and COFC probably wouldn't have jurisdiction. However, someone filed a protest of an OTA award in a federal district court last year and the Government conceded that the court had jurisdiction. From "Determining Litigation Fora Under The FAR And Under Other Transaction Authority" by John Krieger and Richard Fowler: The full article is in the October 2019 issue of Briefing Papers. The substance of the article was also published in the December issue of Contract Management magazine as "Aesop’s Guide to Litigating Under the FA
  6. Wouldn't you just deduct that from the credit you'd be making to subscription costs?
  7. That looks like a portion of the preface. Is there more preceding it? Specifically, how "Contractor" should be construed?
  8. You can't really say what the bulk of members think, but I think that it's fair to say that members expectations differ. Some want to be able to assert whatever they like without having to engage in any sort of substantive discussion. Others desire argumentation. By argumentation, I mean "the act or process of forming reasons and of drawing conclusions and applying them to a case in discussion." At one time I would have described the Wifcon forum as a community that valued argumentation, but maybe formerfed's description is now more accurate. Perhaps there should be a "Water Cooler" forum
  9. I think the only way to respond to that post is with questions, because there isn't enough information to provide an answer. I would begin by asking-- What is the contractor's responsibility for the file boxes under the contract?
  10. My advice would be to put your question to those who are or were recently in that role. I wouldn't put much credence in a contacting professional's perspective. I've been supporting a program office over the last year and my experience continues to teach me how little I knew about program management and how narrow my perspective of acquisition was.
  11. You're welcome. Are you the Christine Reyes that I know from way back when?
  12. I think you should try to understand everything in the plan, even the technical stuff. Understand to the point that you could write it yourself. Then ask if you can write one. Then get really good at writing them. Then teach other 1102s how to write them. Or develop a robot that writes acquisition plans using artificial intelligence with minimal or no human input. Name your robot 11-02. Then patent your invention. Then use your robot to sell acquisition plans as-a-service to the Government. If you don't do it somebody else will. Then there would no longer be a need for you to draft or review a
  13. Yes. See FAR 15.303(a): Agency heads are responsible for source selection. The contracting officer is designated as the source selection authority, unless the agency head appoints another individual for a particular acquisition or group of acquisitions.
  14. Go to https://www.esd.whs.mil/Directives/issuances/dodi/, click on "DoD Issuances", then "Cancelled Issuances" in the drop down menu. You need a DoD CAC, though.
  15. Prompt payment discounts are a contract term, so I don't think that's analogous. I view the submission of the final invoice for $90 as a constructive waiver of the contractor's right to be paid the full contract price. As such, an administrative change to the contract would be cromulent, if necessary.
  16. They aren't clauses, they are instructions to the payment office. You have to go back to the DFARS PGI 204.7108(d) circa 2016 to find them. DoD doesn't use them anymore. https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/r20161222/PGI204_71.htm
  17. Guardian, That convention would apply to the use of words or terms in the FAR. Ibn is asking ji what he means when he uses those words. I don't think ji has explained what he means--he merely provided examples of the use of "subjective". But his answer may satisfy Ibn.
  18. @ji20874, If you truly want to continue this discussion, intellectual honesty demands that you defend your initial claim: Whether or not something is a "solicitation" depends on the whether it meets the definition of "solicitation" at FAR 2.101. To bear the burden of proof you must provide evidence that a notice of fair opportunity does not, by definition, request quotations or offers. If you cannot do that, then your claim can be dismissed by operation of Hitchen's Razor. quod grātīs asseritur, grātīs negātur ("What is asserted gratuitously may be denied gratuitously
  19. Yes, I've heard of alternative facts. Sometimes people contribute them in this forum.
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