Retreadfed

Recent posts

• Unilateral Purchase Orders and Acceptance under FAR Overhaul 12.201-1

  > > On 5/18/2026 at 4:35 PM, Vern Edwards said: > > > If the offer requires acceptance in a specific way, then acceptance must be made in that way. This is the key. If you want the contractor to sig

  in Proposed Law & Regulations / Legal Decisions · 17d ago

• PROMOTING EFFICIENCY, ACCOUNTABILITY, AND PERFORMANCE IN FEDERAL CONTRACTING

  I am an old mossback who has been involved with this stuff since the 1970s. This reminds me of the ASPR days when we had to write D&Fs for a lot if things. Back then you had to use what was known as f

  in About the Regulations · 29d ago

• Period of Performance under economy act order

  > > DaveShaw said: > > > The servicing agency said the period of performance can exceed beyond 12 months for the transaction. Did you leave "not" out of this sentence? Will the servicing agency be

  in Contract Award Process · 3mo ago

• Termination for Convenience Settlement & Start-Up Costs

  > > On 1/19/2026 at 8:59 AM, Vern Edwards said: > > > Consider the circumstances of the T for C and make a fair decision. Agree. Also, consider that FAR 49.201 is a guiding principle even in termina

  in Contract Administration · 4mo ago

• Should 8(a) Set-Aside Program Be Terminated or Refined?

  In regard to Don's questions posed above, here is what the Small Business Act has to say about the problem the 8(a) program is supposed to address and the solution adopted by Congress: (f)(1) with3 r

  in Small Business Socioeconomic Programs · 5mo ago

• FAR 16.401 Award fee rollover

  I'm not sure I understand your question. You talk about funding. I usually think of funding in the context of obligating appropriated funds to pay for work covered by a contract. Is that what you are

  in Subcontracts & Subcontract Management · 7mo ago

• 252.232-7998 Obligations in Advance of Fiscal Year 2026 Funding (Deviation 2026-O0001) & Invoicing Submissions

  Acceptance of an invoice is not an issue. Under the Act, it is receipt of a proper invoice by the designated billing office that starts the interest clock running. (FAR 52.232-25(a)(1)(i)) The fact th

  in Contract Administration · 7mo ago

• When does a contractors obligations under FAR 52.246-26 Reporting Nonconforming Items end?

  > > 2Bitgreenhorn said: > > > the notice requirements are in perpetuity is at odds with the inspection clauses for final and conclusive acceptance except for fraud, etc... Could a counterfeit item o

  in Contract Administration · 7mo ago

• BPAs under IDIQs????

  > > On 10/8/2025 at 5:28 PM, uva383 said: > > > I’m really struggling to understand why you would establish a BPA under an IDIQ and how would you go about establishing the agreement and comply with f

  in Schedules, GWACs, MACs, IDIQs · 7mo ago

• FAR Rewrite Underway

  Thanks. I see there is a variety in the number of deviations the agencies have issued. A rhetorical question, I wonder if agencies are in the process of issuing more deviations or whether they do not

  in Proposed Law & Regulations / Legal Decisions · 8mo ago

• FAR Rewrite Underway

  As I understand the process, the FAR Councils roll out overhauled parts of the FAR. Agencies then can issue class deviations to the FAR and use the overhauled parts when issuing solicitations and cont

  in Proposed Law & Regulations / Legal Decisions · 8mo ago

• Teaming Agreements (one small business and one large) and the reliance on the large business for evaluation factors

  Have you read FAR 15.305(a)(2)(iii)?

  in Small Business Socioeconomic Programs · 8mo ago

• 52.216-8 Fixed Fee

  > > here\_2\_help said: > > > As a general rule, payments of fixed fee should be based on percentage of work completed, not on percentage of estimated cost incurred. However, in my experience, most

  in Contract Pricing including CAS & Allowable Costs · 8mo ago

• 52.216-8 Fixed Fee

  Unfortunately, in my experience, most contracting officers do not provide any language in the contract saying how the fixed fee is to be paid. Instead, they merely state the amount of the fixed fee. I

  in Contract Pricing including CAS & Allowable Costs · 8mo ago

• Why begin, "In consideration..."?

  > > On 9/6/2025 at 12:43 PM, Vern Edwards said: > > > Based on the text of the Changes clause, isn't agreeing to an equitable adjustment a pre-exiting legal duty of the government? Didn't it promise

  in Contract Administration · 9mo ago

• Why begin, "In consideration..."?

  > > joel hoffman said: > > > t’s when the government issues a unilateral modification for an equitable adjustment to the contract price and/or contract time due to a directed change order or construc

  in Contract Administration · 9mo ago

• Why begin, "In consideration..."?

  > > On 9/6/2025 at 12:46 PM, joel hoffman said: > > > a unilateral equitable adjustment. What is this?

  in Contract Administration · 9mo ago

• Why begin, "In consideration..."?

  Voyager, "consideration" mentioned in the release language you quoted refers to consideration provided by the government to the contractor.

  in Contract Administration · 9mo ago

• The Greatest Fiasco In Acquisition History

  The legal analysis mentions a future Supreme Court hearing. The SC decision in this case can be found at 563 U.S. 478 (2011). The Court decided that because the state secrets privilege prevented the c

  in The Good, The Bad, The Ugly · 9mo ago

• FFP Extensions?

  Contracts, Vern gave you good advice about reading the contract. You did not say whether the contract was for commercial products or non-commercial products. This matters because of the default provis

  in Contract Administration · 10mo ago