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Don Mansfield

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Everything posted by Don Mansfield

  1. I think either way you would effectively be amending the solicitation (waiving the issue for everyone would be a constructive amendment). However, FAR 15.206 requires that you issue an amendment to affected parties and that the amendment contain certain minimum information. It's a procedural requirement.
  2. If your proposed price is not what you intended, respond to the clarification by saying so. You should also add what your intended price was. Assuming this is a FAR part 15 procurement, the contracting officer will then have to decide whether to open discussions and let you submit a proposal revision.
  3. Incorrect. The APA does not apply to the Federal Acquisition Regulations System (Title 48 of the CFR). Congress adopted an APA-like procedure for acquisition regulations that is codified at 41 U.S.C. 1707.
  4. @Jacques, Thanks for your explanation. I agree with this, but I think that you also need to keep in mind that when the DFARS conflicts with the FAR, it's usually by design. I'm not sure you can typically make that assumption when harmonizing conflicting statutes or regulations. Good discussion. Thank you.
  5. No, you can skip the example. I think I'll be able to understand your concept of "deviation" if you just answer my last two questions.
  6. @Jacques, Bad example. My apologies. Let's try this one instead. FAR 32.501-1(a): DFARS 232.501-1(a): Is the DFARS deviating from the FAR? Yes or no? DFARS 201.304(a)(1)(iv) states that the DFARS contains "deviations from FAR requirements"? You wrote: What did you mean by that? What would be an example of a deviation in the "DFARS proper"?
  7. 1. Correct. 2. Not sure. Can't access deviation. 3. Correct.
  8. @Jacques, I need to understand what you think a deviation is. Based on your last response, I don't think we have a common understanding. It's a simple question. The subject of the rule I'm using as an example is irrelevant. The FAR says the threshold is $4 million, the DFARS says it's $7 million for DoD. Is the DFARS rule a deviation from a FAR requirement?
  9. @Jacques, Let's try this. FAR 5.301(a) states: DFARS 205.303(a)(i) states: Is DFARS 205.303(a)(i) a deviation from a FAR requirement? Yes or no?
  10. @Jacques, You asked if I had a "specific express deviation in mind". What did you mean? Do you think the only class deviations are those that are in the form of a DPC memorandum?
  11. Jacques, According to DFARS 201.301(a)(1), the DFARS contains-- (i) Requirements of law; (ii) DoD-wide policies; (iii) Delegations of FAR authorities; (iv) Deviations from FAR requirements; and (v) Policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. The different thresholds for written acquisition plans in the DFARS are a deviation from
  12. FAR 16.301-3(a)(2) is just repeating the requirement stated at FAR 7.103(e). DoD deviates from the FAR requirements for written APs.
  13. Another thought--if the used oil is worth something, why wouldn't the Navy want to sell it to the highest bidder?
  14. I don't think what you're describing meets the definition of "acquisition" at FAR 2.101, because you wouldn't be using appropriated funds. If that's true, then the FAR doesn't apply. I'm not saying it couldn't be done, just that the contracting would not be regulated by the FAR.
  15. I think that's perfectly fair. However, I don't get why there would be a fill-in for "(e)(1)(iii)(D)": I see the fill-ins for (1) and (2) in the clause, but why would there be the first "None" fill-in?
  16. You could even put the periods in white font so they are invisible. Like this . and this . or you could put in Easter eggs instead of just periods like this: .Be sure to drink your Ovaltine.
  17. I direct your attention to 41 USC 1707: 1. Are agencies adopting a policy, regulation, or procedure to disallow G&A on travel? 2. Does this policy have a significant cost or administrative impact on contractors or offerors?
  18. joel, I think you've been misinterpreting me. I don't have a position on whether subcontractor bonds are included in FAR 52.232-5(g). My point is that the definition of "bond" at FAR 28.001 is not relevant to making that determination. ALAL suggested that it was and that's why I threw the flag for misapplication of FAR definitions.
  19. No, the Government created an obligation of $500K regardless of what the computer spit out. If the agency's books reflected an obligation of $800K, then that would violate the Recording statute--not the Anti-Deficiency Act.
  20. @joel hoffman, Nothing that you've cited dealt with the issue of whether the definition of "bond" at FAR 28.001 is the applicable definition for interpreting "bond" as used in FAR 52.232-5(g). In that respect, your citations are inapposite.
  21. @joel hoffman, Nothing you posted proves that the definition of "bond" at FAR 28.001 is the applicable definition when that word is used at FAR 52.232-5(g). You continue to ignore FAR 1.108(a) and the Definitions clause. The Definitions clause specifically makes the definitions at FAR 28.001 applicable to clauses prescribed in FAR part 28--not other clauses prescribed in other parts (like FAR part 32). You continue to write that contracts must be read as a whole, but your reading excludes the Definitions clause.
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