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Everything posted by govt2310

  1. Thanks! It would be nice if the FAR Council would look into clarifying all of this.
  2. Are FAR 52.212-1 to -5 required to be included in a FAR Part 8.405 GSA Schedule RFQ? The CGI Federal court decision from 2014 held that FAR 12 does apply to FAR 8, however, FAR 12.102 only requires FAR 12 to be used in conjunction with FAR 13/14/15, not FAR 8 and not FAR 16.505, concerning the solicitation/evaluation/award stages.
  3. @Jacques Thanks for all this information and answering my question.
  4. Jacques, what statute prohibits the Government requiring as a condition for award the use of mandatory arbitration?
  5. @Ibn Battuta Ok, I see your point. Well yes, I have read the entirety of FAR Part 45 and FAR clause 52.245-1, and reading all of this as a whole, I still interpret "Government Property" to mean that file boxes held at a contractor's facility are Government Property. That is the only explanation that I have for you. Thanks everyone. I would be fine with ending this discussion thread at this point. ----------------------------------------------------------- govt2310 excused himself at this point. Don't direct any further responses to him. If he chooses to reenter the discussion, then you may. 11:54 am
  6. @Ibn Battuta If the Government owns something and puts it in a contractor facility, the Government still owns it. FAR 52.245-1 says: “Government property” means all property owned or leased by the Government. Government property includes both Government- furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
  7. The definition at FAR 52.245-1 says "including" which implies it is not a complete list. So government file boxes may indeed be within the definition.
  8. Thanks everyone. FAR 52.245-1, when used with Alternative 1, says the contractor assumes the risk of loss/damage of Government Property. Hmm.
  9. Say there is a contract requiring the contractor to provide storage space for an agency's government file boxes, like in a warehouse. It is a fixed-price contract task order off of the GSA Schedule. With only a few weeks to go until the contract expires, it comes to light that the contractor has lost a bunch of the file boxes. The contractor admits it cannot locate them and has given up. The contractor has submitted invoices for full payment. What is the appropriate way for the agency to handle such a situation? Obviously, the agency shouldn't pay the invoices where the contractor didn't perform, but how would one calculate that here?
  10. Oh wow, this is fascinating. But for GAO protests, they only allow submission of the Agency Record by uploading electronic files to "EPDS," and that system only takes PDF and Excel. Will the rules be changed to have the EPDS system take audio/video file formats? Hmm.
  11. Does anyone know of any agency that has a regulation/guidance requiring that Oral Discussions be recorded by audio, video, and transcript?
  12. I found this fascinating thread on whether FAR 52.222-46 applies to FAR 16.505 task order solicitations: So now I am asking, does FAR 52.222-46 apply to FAR Part 12 Commercial Items/Services Solicitations? FAR 12.301(d) and (e), FAR 12.302, and FAR 12.503 lead me to think that FAR 52.222-46 is not required to be included in a commercial type solicitation, but if the CO chooses to include it, the CO can do that. Note, however, the FAR Matrix at FAR 52.301 indicates that FAR 52.222-46 was not intended to be used with Commercial Item ("CI") type of solicitations. So the proviso at FAR 22.1103 saying that the CO must include this clause where the value is > $700,000 and a "meaningful" number of professional employees are involved and it is for a "negotiated contract" doesn't apply to a FAR Part 12 commercial type of solicitation? Note, I have seen GAO decisions involving solicitations that were FAR Part 12 and FAR Part 15, and a dispute over FAR 52.222-46 was at issue, and no one in these GAO decisions tried to say that since the solicitation was FAR Part 12 commercial, then FAR 52.222-46 didn't apply. Hmm.
  13. FAR 15.206(d) says, if an offeror submits a novel approach that is a departure from the Solicitation Requirements, then the Agency must amend the solicitation and allow all offerors to offer that novel approach as well. I have it stuck in my head that the offeror is supposed to submit "separate proposals," one the complies the Solicitation Requirements, and one that has the "Novel Approach." So if the Agency finds the offeror's novel approach proposal technically unacceptable, then the offeror's other proposal is still in the running. But I cannot find anything in the FAR that says this. Where does it say that the offeror must submit "separate proposals" in this kind of situation?
  14. As the OP, I want to say thank you to Jacques, C Culham, and formerfed for their informative posts. All of this is helpful to me. I personally agree with C Culham that it is helpful to look at legislative history.
  15. C Culham: We are talking about a contract for servoces, not a contract for "personal services." Jacques: This DoDI 1100.22 is helpful. Thanks!
  16. FAR 7.503 prohibits an agency from having a contractor "draft" the response to IG audits. So the contractor cannot even "draft" the response where a federal employee reviews the contractor's deliverable and makes the final decisions on the finalization of the response to the IG audit. Does anyone have a different interpretation of FAR 7.503?
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