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A Visit From the FAR Council

Posted by bob7947 in The Wifcon Blog, 18 December 2014 · 101 views

I've seen the FAR Council issue FACs at the end of the year, especially near the holidays.  So this year, I did some analysis.  Since I have been tracking FACs since before the year 2000, it was an easy task to figure out when the FACs were released.  Since 2000, or for the past 15 years, there have been 188 FACs is...

Army Contracting Command Guilty of Noncompliance with a Nonexistent Rule

Posted by Don Mansfield in Don Mansfield's Blog, 01 December 2014 · 735 views

In a recent DoD IG report, the Army Contracting Command was cited for its failure to perform "component assessments" on 23 contracts subject to the Buy American Act (see DoD IG Report No. 2015-026 ).  The report states as follows:

Not having ever heard of such a requirement, I checked the reference to this requirement, which was allegedly locate...

The Definitions Contest: The Winner

Posted by Vern Edwards in Vern Edwards' Blog, 05 September 2014 · 1,250 views

Who won?
I received entries from the following Wifcon members:
Just Me
Here_2_Help also submitted one, but it was received after the deadline.
The entries were posted for all to see. I also posted my own definitions.
With help from a couple of friends I reviewed t...

The Complications of Cost and Pricing

Posted by NCMAExecutiveDirector in NCMAExecutiveDirector's Blog, 28 August 2014 · 1,081 views

The most challenging task in Government contracting is contract pricing, which requires contracting officers to award contracts at “fair and reasonable” prices. Pricing is challenging, because it is the most regulated of all Government contracting processes. Firms that want to sell their products and services to the Government often must prepa...

FAR Eliminates Truth in Negotiations Act (TINA)

Posted by Emptor Cautus in Emptor Cautus' Blog, 10 July 2014 · 2,504 views

Federal Acquisition Circular (FAC) 2005-73, effective May 29, 2013, eliminated the Truth in Negotiations Act (TINA). 
Now that I have your attention, the FAC did not eliminate the TINA.  What the FAC did was to rename The TINA “Truthful Cost or Pricing Data”.  This was just one of a number of changes to the Federal Acquis...

The Government's Duty of Good Faith and Fair Dealing

Posted by Ralph Nash in Professor Ralph Nash's Blog, 28 February 2014 · 2,797 views

The long-standing principle that the federal government had the same implied duty of good faith and fair dealing as any commercial buyer was put in jeopardy by a 2010 decision of the U.S. Court of Appeals for the Federal Circuit, Precision Pine & Timber, Inc. v. U.S. , 596 F.3d 817 (Fed. Cir. 2010). There a panel of the court adopted a narrow rule...

Wifcon.com: My Legacy; My Albatross

Posted by robert_antonio in Bob Antonio's Blog, 23 June 2013 · 2,827 views

Shortly after we celebrate our country's independence on July 4, 2013, Wifcon.com will end its 15th year on the internet. With much help from the Wifcon.com community, I've raised a growing teenager. When I started, I was 49 and my hair was so thick that I often shouted ouch or some obscenity when I combed it. Wifcon.com has existed in 3 decades an...

Flow Down of Mandatory FAR and DFARS Clauses are Handled Poorly by Contractors

Posted by PhilBail in PhilBail's Blog, 17 July 2012 · 4,668 views

Generally speaking, contractors flow mandatory FAR and DFARS clauses to vendors in a haphazard, incoherent manner with very little updating as changes to clauses occur.  Some contractors post a huge list of clauses on their website and refer to them on vendor Purchase Orders (PO's) - telling the vendors they are responsible for complying with the clau...

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