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gfsullivan

What laws apply to the US. Mint?

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37 minutes ago, Vern Edwards said:

So I'm putting you away right now.

Ah hah.....that's it after I have put in all this time and even came back!

 

43 minutes ago, Vern Edwards said:

But what does "to the maximum extent practical" (practical or practicable?) mean in the context of the Mint's exemption from procurement laws and regulation? Did you ask about that?

In order of your questions.   It does have to do with "rules" which you said not any apply.   Nope, didn't ask as don't care, the question as to whether DTAP applies has been answered.

 

46 minutes ago, Vern Edwards said:

 How can the OP know its rights and the procedures that the Mint must follow from a reading of the DTAP?

I have answered this and you agreed with the answer so why repeat the question again.

 

47 minutes ago, Vern Edwards said:

Did you ask the CO for any specific example?

You are the one hung up on the ideal that the whole of the DTAP must apply or none of it does so I will leave it to you to ask.   My only thought is well I guess it operates like the FAR guiding principles to an extent, it applies when it applies and does not when it does not.   You bet it has limitations, it almost says it in its language, and  I for one think that I could part and parcel the DTAP to determine when it would apply to a procurement that I am conducting and when it does not.

 

58 minutes ago, Vern Edwards said:

It's clear that you call it a rule, but it's not clear on what basis you do so. What about 5 USC § 601(2).

My basis is that a publically available rule does exist under the plain meaning of the term.  Didn't you read my post of Monday at 10:26am?   As to the USC references two thoughts. 

First, are you now wanting to talk Constitution, when before you did not?  I am confused.  

Secondly, my read of 5 USC 602(2) suggests that you have overlooked this "the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of this title, (emphasis added) wherein 553(b) provides and I quote - "Except when notice or hearing is required by statute, this subsection does not apply—(A)to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or(B)when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." (emphasis added)

Did you find such a notice or statute that that the DTAP as a policy is required to be published?
1 hour ago, Vern Edwards said:

How are we to know that the protest rules in the DTAP apply to the Mint.

I answered this question why keep repeating it?  I know you won't accept it, enough already.

1 hour ago, Vern Edwards said:

You are never going to admit that I was not "very misleading," which is all I want.

I apologized, like it as it was provided or not, your choice not mine. 

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5 hours ago, C Culham said:

I apologized, like it as it was provided or not, your choice not mine. 

Carl,

I didn't see it, but I take your word for it. Thanks! I appreciate it. Very kind of you.

Vern

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