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About napolik

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    Alexandria, Virginia

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  1. Has strategic sourcing gone too far?

    Strategic UNsourcing: http://www.nextgov.com/it-modernization/2018/03/company-calls-out-old-guard-after-pentagon-cuts-its-nearly-1-billion-cloud-contract/146529/
  2. Bid Protests: GAO or the Courts

    Well, don't construct them like the 15.3 process. Try other approaches that are more efficient and , more importantly, more effective. http://www.wifcon.com/discussion/index.php?/topic/1731-gsa-buys-award-without-discussions/&
  3. Bid Protests: GAO or the Courts

    Perhaps greater use of FAR Part 13, and/or Sub parts 8.4 and 16.5, in lieu of FAR Part 15, would reduce the insidiousness as FAR Sub part 15.3 procedures would not apply!?
  4. Bid Protests: GAO or the Courts

    Who is guilty of the insidiousness - Secret Svc or contractor?
  5. Bid Protests: GAO or the Courts

    I would prefer to see the GAO retain bid protest jurisdiction. In fact, I would prefer that the COFC get out of the bid protest business. But, I know this will not happen. First, the GAO knows the procurement legislation and processes better than COFC judges. This superior knowledge allows the GAO to issue decisions more quickly than the COFC and to be more consistent with the practices flowing from procurement law and regulation. Second, the GAO will issue a single decision, and it will follow precedent. The COFC takes longer than GAO, and its 16 judges can issue different decisions on the same topics. Third, the GAO decisions are expressed more clearly and are, therefore, more readily comprehensible than the COFC decisions. These are my opinions based upon my years of experience in procurement. I do not have any empirical evidence to support them.
  6. Clearance vs Approval

    In my experience, a clearance is a document setting out a plan of action and supporting information. The document can be prepared as an Acquisition Plan, as a Pre-negotiation plan, as a Post-negotiation summary and source selection or as an explanation/ justification of a contract administration action (e.g. option exercise). The approval or disapproval of the clearance is made by a contracting officer, an SSA, or another reviewer/review board within or above the contracting office. The degree of detail contained in the clearance varies by contracting office. Some agencies address clearances in their FAR supplements.
  7. Past Performance

    Past performance can encompass "commercial" or private contract performance. See FAR 15.305(a)(2): See also FAR 12.206:
  8. Truth Decay

    “Difficulties strengthen the mind, as labor does the body.”
  9. Cost Anylsis for T&M Contract

    Use your customer's estimates of labor categories and labor hours. If you have issued an order for the same task, compare the current estimate to the historical figure. If they don't coincide, ask your customer to explain why they do not. What is an ICG?
  10. Sole Source Procurement

    But, one wouldn't need to prepare a Pre or Post Negotiation memo, would one?
  11. The contracting officer has the discretion to require the contract holders to recertify their small business size status when competing an order under an IDIQ. See InuTeq, LLC, B-411781, Oct. 21, 2015: Also, see Title 13, Chapter I, Part 121 of the Code of Federal Regulations.
  12. Missed Option but Have a J&A

    This would not be a problem if the CO had done his/her job. Will the CO's performance bonus be reduced?
  13. Vendor Capability Questionnaire

    Go to google and enter DLA Director's External Briefing Template - Defense Logistics Agency. This will give you a PPT. Slides 10 to 13 specifically address the Questionnaire.
  14. Are Payment Logs Required?

    A phrase used by far too many contracting professionals when explaining decisions from acquisition planning through source selection and contract admin. One can only hope that they will engage their brains to read the regulations and discern business practices as well as they engage their fingers to enter their automated procurement systems.
  15. New FAC Contains Wonderful Thanksgiving Surprise

    It seems to me that the FAC reference is certainly afowl of the law.