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About deloftin

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  1. FAR 19.702(a) says "(a) Except as stated in paragraph (b)of this section, Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) imposes the following requirements regarding subcontracting with small businesses and small business subcontracting plans: (1) In negotiated acquisitions, each solicitation of offers to perform a contract or contract modification, that individually is expected to exceed $650,000 ($1.5 million for construction) and that has subcontracting possibilities, shall require the apparently successful offeror to submit an acceptable subcontracting plan. If the apparently su
  2. Recently it was discovered that a GSA FSS IT 70 Schedule contract was missing from the eLibrary while attempting to pull up the contract to review the approved list of clauses. Further investigation into FPDS revealed that GSA had issued a mod in Dec 2010, effective 2/17/11, as a "legal contract cancellation." Our understanding, based on GSA's Ordering Guidelines, is that no order may require performance that 'extend beyond the period of the Schedule contract.' Apparently GSA has a Cancellation clause, GSAM 552.238-73, mandated for all MAS contracts which permits cancellation of the "contra
  3. I have recently noticed that some agencies are awarding IDIQ contracts with expressed intent of obligating the minimum quantity guarantee required by FAR 16.501-2((3) in the base period only, with no 'guarantee minimum' included in any option periods. According to FAR 16.504(a)(2), '"To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the Government is fairly certain to order." 16.501-1 Definitions. ?Task-order contract? means a contract for services that does not procure or specify a firm quantity of se
  4. So am I not interpretting this reg incorrectly? I'm reading FAR to say that the 5 year limitations do NOT apply to IT contracts whereas you're saying they do. So is your response based on the assumption that the IT "support service" contract includes 1 or more positions that are included in DOL's SCA Directory of Occupations per FAR 22.1002-1? And if so, I agree but it still begs the question as to what limit, if any, is placed on IT contracts in general that are NOT subject to the SCA? Are there other statutes, besides the SCA, that could place limits on an IT contracts that I need to be
  5. The definition of IT under FAR 2.1 includes "support services". However, based on my experience, support services have typically been procured as professional (advisory/assistance) services under FAR part 37. As such, federal agencies have normally limited their options to restrict the length of these "service" contracts to 5 years or less. However, based on FAR 17.204(e), it would appear that IT support services are exempt from this restriction. So is there any limitation on the lengths of contracts for IT support services? Also I'm finding federal agencies that are procuring, on a sole
  6. I?m not sure if you are wanting legal cases or procedures on how to pursue Government rights/remedies referenced in FAR 52.236-23 for A-E negligence or breach of contractual duty. If the latter, maybe the USACE?s 205-page A-E Contracting guide can help. It has some well thought-out procedures laid out in Chapter 7, entitled ?A-E RESPONSIBILITY MANAGEMENT PROGRAM,? which deals with A-E liabilities:
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