Don Mansfield

Joel, I've been creating line-in line-out versions of the changes and posting them on my web site: www.donacquisition.com.

No, they've already promised to do that in their offer (assuming it contained the Changes clause).

Would you say the construction of an Amazon distribution center is NOT based on market prices?

I don't doubt offices were doing that, but it makes no sense. Purchasing construction is not purchasing real property.

I don't think that's different than the current policy at FAR 10.002(d)(1).

I know--this thread is Joelnip.

That's good advice if the CO has a choice. The EO now requires the CO to seek higher-level approval, which they may not get. @GeoJeff Remember that you can tailor FAR 52.212-4 to include other FAR clauses if they are consistent with customary commercial practice. Are the FAR construction clauses consistent with customary commercial practice? If so, why not include them by addendum?

Assuming that you are asking how to pay as the work progresses, how about line items for each stage of completion? No, I would suggest tailoring the paragraph so it's consistent with customary commercial practice. The problem is that the FAR part 2 deviation guidance specifically includes construction in the definition of "commercial service," and FAR requires the use of part 12 when buying commercial services. There's also the EO that now requires a contracting officer to get higher-level approval whenever they determine something is not commercial.

I don't understand the question. How is either one an "authority" to modify a contract?

By "standard commercial terms and conditions", do you mean the untailored version of FAR 52.212-4? If so, I think it would be crazy to use that in a construction contract. I would research what standard contracts were available from organizations like the American Institute of Architects and tailor FAR 52.212-4 accordingly.

There is no authority that I know of that permits restricting competition to SDBs.

I agree with Carl that it depends what the contract says. For future reference, see FAR 17.204(d).

So the estimated cost they included in their offer doesn't include the material in question? If not, then I think you would need a proposal revision if you want the estimated cost in the contract to include that amount. Based on what you have written, I don't see why you would include the other two offerors in the competitive range.

I missed that the over and above work was for "repair parts." That's not how I think of over and above work as contemplated by the DFARS.

I agree that's a great question. I don't have a thoughtful answer. As for the concern that AI is making us dumber, I'm not so sure. I observed my son using ChatGPT to write a paper for his high school class. There was definitely creative thinking as he continuously revised his prompts and critical thinking as he reviewed each new product to see if it was any good. I certainly didn't think he was cheating.

Good question. Maybe people are using ChatGPT to get their questions answered. We may have outlived our usefulness, @formerfed .

I think the OP is asking if he can fund the over and above work before it has been identified. I also question when over and above work--as defined at DFARS 252.217-7028--would be considered severable.

Has the over and above work been defined? Or do you obligate a lump-sum and reconcile after ordering the over and above work?

I don't understand the question. FAR 17.204(e) has to do with options. The OP didn't say the contract had options.

I give him credit for soliciting informal feedback on LinkedIn.

I don't know for sure, but I don't think purchasing "commercial coworking space" is leasing real property. It's more like purchasing hotel accommodations.

What do you mean by "new start requirement"?

No, and I wouldn't expect more than "read your contract." If the contract includes FAR 52.229-3, Federal, State, and Local Taxes, then the contractor could be compensated for an after-imposed federal tax. This includes duties (a tariff is a type of duty). Here's a good analysis: https://www.insidegovernmentcontracts.com/2025/03/the-trump-tariffs-and-federal-contractors-in-these-taxing-times-contractors-have-a-duty-to-know-these-five-things/

Do you mean something like Regus?

@Matthew Fleharty What is your opinion of DoD Instruction 5000.66, DEFENSE ACQUISITION WORKFORCE EDUCATION, TRAINING, EXPERIENCE, AND CAREER DEVELOPMENT PROGRAM? Do you think the instruction is to blame at all for the state of the DoD contracting workforce? Or are the problems all in the execution?