MileHighAcq Posted January 27 Author Report Share Posted January 27 On 1/25/2023 at 6:39 PM, Vern Edwards said: 😊 @MileHighAcqYou "youngsters" crack me up. I'm an old (you're all youngsters to me) and battered contracts warrior, and I've learned many things at my own foolish expense. One of the things I've learned is that the contracting bureaucracy doesn't always have as much say as they think they do. Who says that you, a procurement analyst, as a reviewer, has the final say? All it takes is one higher staff review, legal review, or (God forbid) IG report to put you off your feed. See the decision of the Federal Circuit Court of Appeals, one step below the Supreme Court, in HARBERT/LUMMUS AGRIFUELS PROJECTS, Harbert International, Inc., Abb Lummus Crest, Inc. and Lummus Crest, Inc., 142 F. 3d 1429, April 21, 1998: Emphasis added. Now, there are contrary decisions. But my advice is: Don't be too sure of yourself. Look, I think that 999/1,000 times CO's oral agreements will stand, especially if they make sense and the agency wants them to stand. But the notion that such an agreement will always stand, or that you can blithely waive the rules, is not supported by experience. I would make an oral deal if I thought that it was essential and unavoidable. But I would be ready for trouble if the deal were questioned. Also see Cibinic, Nash & Yukins, Formation of Government Contracts, 4th ed., Contracts Varying from Statutory and Regulatory Requirements, pp. 69 - 81. This is true, and sound advice. Though about legal review, all of us COs and PAs are fond of saying they're advisory. lol At least until someone higher up reminds us that those advisory personnel are who will be defending our asses when things get serious, so we better take their advice. Quote Link to comment Share on other sites More sharing options...
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