Blog Tags - 52.211-15

If you look at you contract and say "But the customer didn't do that" three things: (1) if the contract is an ID/IQ, the customer technically didn't have to flow down 52.211-15 in full text because an ID/IQ does not bind a contractor to performance - check your task order though; (2) Mistakes of the CO do not absolve the contractor from public law compliance. Another example comes with the TINA series (52.215-11 through 15). If the CO mistakenly flows that into a contract, it's the obligation of the contractor to have it removed via negotiations.

DCMA makes that recommendation when it identifies a high volume of seemingly repetitive purchases from one or more vendors. From DCMA's perspective, if it is reasonable to anticipate a high dollar value of repetitive purchases from a vendor or group of vendors within a calendar year then the contractor should determine whether or not BPAs are a viable award option. The reason - public law compliance.

Ensure that the written acknowledgement and acceptance of the rated order from the subcontractor is received within the statutorily mandated timeframe: within 10 days of receipt for DX rated orders, 15 days for DO rated orders. A not-so-funny flub I've seen on this front is the "stealth backdated subcontract" - where the prime types in the signature date (which just happens to coincide with the POP start date) but the sub didn't get the memo and executed with the actual date of signature ... two months later.

What counts as written acceptance: countersignature on a PO/Subcontract, date and time stamped email from the sub stating acceptance of the rated order. What doesn't count: terms in a unilateral PO that state that performance amounts to acceptance of the terms and conditions of the order.