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Deaner

Inadvertanly rated a contractor technically acceptable

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Don, which facts? The order was for seven, only four were provided. We don't actually know if they were usable without modification of a rivet. We don't know whether the four were useable without the other three. That's not necessarily substantial performance of the order, in my opinion.

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You have all made very good points. The rest of the story is:

1. The contract states delivery of a partial quantity is acceptable.

2. The item functioned properly with the defective rivet. The Government QAR improperly rejected the rivet on a technicality, stating it was Government surplus, when, in fact, it was commercial excess production, sometimes referred to as surplus, but not meeting the FAR definition of surplus. The contractor screamed about the error to the deaf ears of the technical folks.

3. The Government went on to make a new award at double the price and a year and a half for delivery.

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Now that there is that horse of a different color that folks might have heard of...

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