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Don Mansfield

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Everything posted by Don Mansfield

  1. It would be best if you asked the contracting officer. Our interpretations don't matter.
  2. By definition, a solicitation provision is a term or condition used only in solicitations and applying only before contract award (see definition at FAR 2.101). The provision at FAR 52.222-25 is a representation that an offeror completes in response to a solicitation. If the provision was in a solicitation and it was completed by an offeror that was subsequently awarded a contract, the completed provision would be incorporated in the contract by operation of the clause at FAR 52.204-19 or similar clause. Incorporating the provision in the contract without the contractor's response would be pointless. Have you read the provision?
  3. The title GAO decision reminded me of our discussion thread last year. Why didn't the protestor argue that the missing information was not part of the "proposal", citing STG International? Seems like a missed opportunity.
  4. Here's a COFC case that was filed under seal just three days after the Percipient.ai case was filed (there was a weekend in between). The COFC held that the protestor was not an interested party because they were not an actual or prospective offeror: https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2023cv2047-51-0
  5. 1. No, but you should explain somewhere why you consider the two to be technically equal--don't just say they got the same rating. Then, conclude that (A) is a better value because of their lower price. 2. No, because you wouldn't be making a tradeoff. You should compare (A) and (C) and explain why (A) is superior technically, then conclude that (A) is a better value because of their lower price. Document a comparative analysis of each offer against each other offer and explain why one is a better value than the other. Not all comparisons will require you to perform a tradeoff analysis.
  6. It doesn't. The way I interpreted Vern's scenario, the contractor would not be interested in ADR. In real life, ADR should be considered.
  7. Ok, so "yes" to your question. As a taxpayer, I would want to know what else would be done with the $50,000 in resources. If they were being used to defend against a $4 million claim, then I'm ok settling the $40,000 claim. However, if the $50,000 were to be used to pay employees whose job it was to defend against claims and there were no other claims to defend against, then I'd want the money to be used to defend against the $40,000 claim.
  8. Assuming the agency has other lawyers, what would they say if asked for their opinions?
  9. Is this $50,000 in additional costs? Or is it for time spent by Government employees who get paid either way?
  10. Are you asking if you can extend beyond 12 months a task order for a severable service that crosses fiscal years and is funded by an annual appropriation?
  11. I don't think a single NAICS code makes sense for large omnibus contracts, but the choice of NAICS code shouldn't be a surprise when ordering. If there will be multiple NAICS codes for a single contract, maybe each line item should have its own NAICS code.
  12. If the contract required the contractor's personnel to be cleared--and the contractor's employees weren't cleared--how did the contracting officer determine that the contractor was responsible?
  13. Not when FAR 52.222-43 is in the solicitation. See FAR 52.222-43(b).
  14. How about the following? "A requirement is the difference between the present state of affairs and a future state of affairs that is necessary for an agency to perform its function."
  15. Yes. I meant requirements can exist before they are identified. I revised my definition because I don't think the existence of a requirement is dependent on knowledge of the requirement.
  16. Thinking about this some more--I think requirements exist before they are identified. With that in mind, I think I’ll revise my definition: "A future state of affairs that is necessary for an agency to perform its function."
  17. I'll try: A future state that an agency has determined necessary to perform its function.
  18. Does anyone else keep showing this thread as unread, even though you read it?
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