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Jamaal Valentine

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About Jamaal Valentine

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    Contributing Member
  • Birthday August 8

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    Being good...when I can't be good, being compliant...when I can't be compliant, being liked.

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  1. Does it seem odd because you’re thinking it should be a partial termination for convenience, constrained by fiscal years, or something else?
  2. What do you mean that (2) through (5) are directly related to (1)? The semicolon let’s us know they are related in thought, but independent. I’m not sure why you’re mentioning typical service contract to inspect or repair ... I never raised that and only was seeking to better understand something you stated:
  3. Excludes real property as an item (supplies under paragraph 1), right? Construction is a service. What about the other commercial paragraphs? For example, commercial services under paragraph (5).
  4. Agreed. FAR Part 36 includes concepts and principles that align with commercial construction.
  5. They seem to meet the FAR Part 2 definition to me. That’s not to suggest that FAR Part 12 should be used for FAR Part 36 construction. Where do you find they don’t meet the definition? https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/procurement/far/far_part12.pdf Does FAR Subpart 8.4 include construction? You are correct. I wasn’t commenting on the construction discussion that followed; I was just responding to ji’s commentary up to that point.
  6. If the OP, metrics, is DoD they will use FAR Subpart 8.4 with FAR Subpart 15.4. (DoD Class Deviation 2014-O0011) Also, this can be a little misleading. FAR Subpart 8.4 involves FAR Part 12. “To the extent there is any perceived inconsistency between FAR Subpart 8.4 and FAR Part 12, FAR Part 12 controls.“ (CGI Federal, Inc. v. United States, CAFC No. 2014-5143, March 10, 2015)
  7. Sometimes the sunk cost fallacy or plan continuation bias is hard to overcome even when a new course of action is appropriate. The drafters can take a retrospective look at what happened and use this event to focus on learning and growth. I’m sure they’ll identify areas for improvement (process, tools, decision making, etc.) and not let this go to waste. I know I’ve elevated my awareness of potential issues and things to consider, when communicating, as a result.
  8. Here’s a list of writing awards and examples of winners. Maybe the FAR Councils could host a ‘No Gobbledygook’ challenge and crowdsource a FAR rewrite. https://www.plainlanguage.gov/examples/awards/
  9. Looks like it’s time for me to get an updated copy.
  10. @Gov Researcher, I believe contracting officials must follow FAR based on their delegated authority; however, “[n]o contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.” (FAR 1.602-1(b)) In my experience, agencies wait until FAR implements new laws either through an amendment or some type of deviation. You have responses to your specific questions, but based on the question, I think you’d get some useful information
  11. I’m not against reordering the events; keep in mind FAR 11.002 policy, which states “...agencies shall [s]pecify needs using market research...” It makes sense that we start with an identified capability gap or innovative opportunity that triggers market research. Market research helps determine how we should describe the agency need(s) for synopsis and solicitation purposes.
  12. What’s noticeable is the express exclusions found at FAR 19.304 (HUBZone), 19.404 (Service Disabled Veteran Owned Small Business), and 19.504 (Woman Owned Small Business). ”Orders under indefinite-delivery contracts (see subpart 16.5). (But see 16.505(b)(2)(i)(F) for discretionary set-asides of orders)”
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