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joel hoffman

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About joel hoffman

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    Following God, Family, Sailing, Motorcycling, Hunting, Volleyball; Acquisition, Negotiating, Source Selections, Contract Administration, Construction, Design-Build Construction, mods, claims, TFD, TFC, project controls,

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  1. 1. Is this a firm fixed price construction contract? I’ve never seen clause 52-242-15 used in a construction contract. FFP construction contracts prescribe (shall insert) 52.242-14 “Suspension of Work”. The other clause is optional for contracts for supplies, services, or research and development. I don’t know why the FAR matrix says the -14 clause is “A”, (as applicable) for FFP construction. But the -15 clause is blank in the FAR matrix under construction contracts. By the way, the Stop Work Order clause provides for an equitable adjustment , which INCLUDES profit or fee. Yo
  2. Love it and am jealous!! Our Federal Courthouse next door also had a law library that I would visit if our own USACE law library didn’t have something. But they didn’t have what you had. I did subscribe to several design and construction case law services, both books with annual updates and also to weekly, monthly and quarterly periodicals.
  3. CyndiG appears to have been a drive-by poster or else has found an answer.
  4. Carl, I didn’t mean to offend you concerning the importance of service contractors. The point I am trying to make is that architects and engineers have to go through a licensing process with yearly continuing education, because they design structures, utilities, bridges, roads, systems, etc. which affect the health and life safety of the public. They must be experts in the various building codes, life safety codes, numerous Industry technical guidelines and requirements, structural codes, plumbing and electrical codes, yah deh, yah deh. Architects and engineers experience some consi
  5. Tanking against which currencies?? I checked the Euros, Yen and Yuan exchange rates over the past year and the graphs are very stable with minor changes.
  6. Well, i believe that it’s construction per the definition of construction : alteration or repair of real property*. You are repairing by replacement of an HVAC system. It’s not a supply contract. It’s a new building system. The installation of a replacement A/C system is to become “real property installed equipment” or “RPIE” . Therefore the real property installed equipment is not a commercial item per the definition in FAR2.101**. You are purchasing and installing materials to be incorporated into and become real property. It’s not a FAR Part 12 acquisition. I agree that the actual mat
  7. (2) through (5) are directly related to (1). I’m not saying that a typical service contract to inspect or repair an individual item couldn’t be a commercial service. Go back to what I originally said. You could probably have monthly or quarterly services to inspect fire systems or change A/c filters in a building or to make a plumbing or A/C service call. Those are often individually priced services. That’s not construction. It’s O&M type services.
  8. I don’t disagree. It’s just that Part 12 for Commercial Items doesn’t apply to construction or to A/E services acquisition for that matter. The definition of commercial item in FAR2.101 excludes “real property”. “Commercial item means— (1) Any item, other than real property...” “Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all t
  9. It does really matter. Every State has professional licensing requirements for architects and engineers for design of facilities, utilities, transportation systems, etc. that will be used by the general public. These licensing jurisdictions as well as the professional organizations have codes of ethics and licensing qualifications. They generally prohibit price competition for professional services in order for licensed designers not to be motivated or have to cut corners, risking health and safety of occupants and users. A/E services involve the design of real property facilities, pub
  10. Deleted - Jamaal was not referring to GABESON’s question.
  11. Jamaal, I think that you are reaching a bit. Generally speaking general and trade construction activities do not meet the FAR part 2 definition of “commercial item”, particularly per DoD policy, even though most materials and pieces of equipment are commercial items. You can purchase those individual materials as commercial items. You can probably repair or maintain those individual items using FAR 12. You could probably develop a list of materials for a construction project, purchase them as commercial items and provide them to a construction contractor as GFE, although I wouldn’t advise
  12. Vern, I don’t think that I said that CICA makes sense, as currently written. I’m questioning what practical alternatives there are, assuming that Congress agrees, given the general capabilities and business judgement of the overall federal contracting and acquisition workforce - as evidenced by the general views that you and others have expressed over the years in the WIFCON Forum. Its one thing to be able to pump out awards but that doesn’t necessarily mean that they are quality or economically affordable awards, in the best overall interest of the taxpayers, under any method, inclu
  13. Here is the US Patent and Trademark Office Acquisition Guidelines, including authority references: https://www.uspto.gov/sites/default/files/about/vendor_info/ptag.pdf The referenced Patent and Trademark Office law is here: https://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf I believe that this office is not under the Executive Branch. Do you think that Congress would provide broad authority to the general federal agencies to use similar methods?
  14. Carl, do you know why A/E contracts use QBS selection with negotiation of a “fair and reasonable price”?
  15. Because it is public policy, other than exceptions for set-asides or sole source awards for special classes of the general business community. Have you asked your question to any member of Congress ? Do you think that they favor restricting competition on an equal or favored basis in comparison to allowing their constituents opportunities for the government’s business? Have you been responsible to investigate and answer congressional complaints of favoritism, discriminatory requirements or other barriers to constituents’ chances to compete for government business? I’ll also answer your q
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