Everything posted by Moderator
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What About this VA Program and Judge's Opinion?
Last night and this morning, I read an interesting opinion in the Court of Federal Claims (COFC). That opinon is Electra-Med, et al., v. U. S. and American Medical Depot, et al., No. 18-927C, October 3, 2018. It interested me because of what the Judge wrote which I added in the two quote boxes: The Judge found that: The Contracts’ Modifications Are an End-Run Around CICA, The J&A Does Not Justify the Lack of Competition at the Supply Level, and The Modifications Ignore the VA’s Rule of Two Requirement. The Judge concluded: The protestors did not get an injunction. You must read the entire opinion to get the gist of the story. The opinion discusses how VA procured these items before it appears to have thrown up its hands. Most, if not all, of these issues may be specific to VA. What do you think of the VA contracting program, including its solution, mentioned in this opinion and Judge's opinions.
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H. R. 6891: The Anti-Deficiency Reform and Enforcement Act of 2018.
H. R. 6891: The Anti-Deficiency Reform and Enforcement Act of 2018 This is an introduced bill and there was a House Committee on Oversight and Government Reform markup on September 27, 2018. Here are key parts of current law that you will see mentioned in the bill: 31 U.S. Code Subchapter III - LIMITATIONS, EXCEPTIONS, AND PENALTIES
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Small Business Committee Request for Status Update on FAR Subcontracting Rule.
A Member sent me this letter from the House Small Business Committee to the Acting Administrator of the Office of Federal Procurement Policy. You can find the letter at the bottom of the committee press release.
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Small Business Participation Plans
H2H: It is not possible to get a complete listing of all actions because not all justice organizations are reporting. I complained years ago asking for central reporting and DOJ did improve its reporting. That took a couple of years. However, I don't know how many justice organizations still don't report. I know during 2018 I've posted press releases of indictments, pleas, sentencing, claims, and jury decisions involving the 8(a), SBA small business, DOT's DBE, and veterans programs. There was at least one subcontracting case under a grant too. I didn't remember anything on the WOSB program so I checked and couldn't find anything. I do add cases involving federal medical programs sometimes.
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Data Rights under an SBIR contract
As I mentioned, the information at SBIR.gov is from a tutorial and not a contract. It also may depend on the stage of the SBIR, I have no idea. (Edit) I said that on the SBIR site it If I cared about the ownership, I would go back to the law and see what it says.
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Data Rights under an SBIR contract
The SBIR.gov site appears to discus the OP's question but the OP has not logged in since last Wednesday and may have abandoned the question. Now, this is from a tutorial and not a contract. The SBIR.gov answer is here under Question 5.
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Here we go again (maybe)
Why not throw in proxy servers then? You wouldn't believe how many applicants with servers in the Seychelles want to be members of Wifcon.com's Forums and Blogs.
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Here we go again (maybe)
Several things may affect the way your computer reacts to the internet, including your: browser, antivirus, operating system.
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Here we go again (maybe)
Here is what I get. My browser is chrome.
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New, More Specific Questions About An RFQ
You have received 14 responses to your earlier questions. Let's reach at least 20 responses by the end of today. Edited 3 hours ago by bob7947
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Huh! Why Did They Wait for September?
While I did my update last night, it brought back memories. If you are a Washingtonian, you know that the city clears out in August to coincide with the Congressional recess. GAO knows it too. Take a look at the number of GAO reports released on September 5, 2018--last night. Nothing sinister, they just don't want to issue a report to a near empty Congress. So they wait until Congress reconvenes in September. The protests are different. GAO is up against a day limit that is set in law.
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Evaluation Bias
OK, we have 14 responses: 12 votes and 2 posts, as of now, with contrasting results. Bias has been raised before in the discussions here. The OP wrote 2 thoughful questions. The OP is looking for responses from Let's reach at least 20 responses by the end of today.
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Evaluation Bias
I've added a poll using the OP's questions in the hope that it may be answered anonymously. The OP stated: For those of you with a history on the buyer side of the fence, ... You can respond verbally, if you like, as the OP wrote it.
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Reducing the Number of Clauses
If so, I guess (e)(1) or (f)(1) could be eliminated also. Send it into the FAR Council. This is what currently interests their managers. Apparently, these clauses are First Editions.
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automated software tools making contracting tasks easier
I have a partial answer.
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Open FAR Cases - Limitations on Subcontracting
The FAR Case is 2016-011. I'm guessing because the original poster did not provide a specific citation. The FAR Case mentions Section 1651 of the NDAA for FY 2013. It is here. The Final SBA Rule mentioned in the FAR Case is here.
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Multi-year Service Contracts?
SRose: The NDAA tells DoD to conduct the study I assume that DoD repeated the requirement in your study. As a matter of personal interest, do you have separate teams covering commercial companies, foreign governments, State governments, and the Federal Government. A year goes by quickly.
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Multi-year Service Contracts?
Thank you Vern for 41.1. SRose: You may try DLA. I'm not sure if privatization fits your directions but there must be some knowledge there. It fits services listed in 10 U.S. Code § 2306c (b). Also, Defense Environmental Remediation contracts fits and may be at DENEX.
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Multi-year Service Contracts?
SRose: In your original post you wrote: In the law, it says Are you working for Congress on another sudy or are you working for the Secretary of Defense in accordance with the law?
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Multi-year Service Contracts?
Joel: Title 10 USC 2306c (b) lists services under that section. 10 U.S. Code § 2306c - Multiyear contracts: acquisition of services.
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Multi-year Service Contracts?
SEC. 854. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE CONTRACTS. From the conference report: If you are told to look at ESPCs, EERE will tell you where to go. Joel: Would utility contracts be considered service contracts? If so, I'm sure there is some branch of DoD that can identify each one.
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Stop Work / Protest
It could be an agency level protest and Vern has quoted the FAR section.
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Stop Work / Protest
No one here can tell you that. Two other things: was the protest filed with GAO or the Court of Federal Claims? go to that forum's web site and read about being an intervenor. Google the role of an intervenor and decide what you want to do.
- Commercial Product Definition
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Successive Bid Protests
I posted an issue from the current protest last night. I think I have all the protests correctly. I linked the decisions that mentioned a history of the pro-venture (my new name for the adventure of successive protests) I believe the current NDAA has a section where someone may conduct another study. I think the work has been provided through bridge contracts while the pro-venture continues.


