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  2. If only we all had a central point of procurement policy to resolve these fundamental and recurring questions. I would call it "Office of Federal Procurement Policy" and I would give it the mission to provide overall direction for government-wide procurement policies, regulations and procedures and to promote economy, efficiency, and effectiveness in acquisition processes. If only ....
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  4. "FAR 8.1104(e) is simply stating what clauses to use and doesn’t really categorize anything." Exactly. So if you use a "service" clause, you just broke the law. Again you have to ask yourself, what manual, guidebook, comic book, etc trumps the FAR? At some point your office just has to make a business decision and stick with it. Otherwise you can make yourself go nuts. "FAR Part 1.602-2 Responsibilities states that contracting officers should be allowed wide latitude to exercise business judgment. I believe the determination that a lease with the overwhelming majority of the costs a
  5. FrankJon, I sympathize with your situation and front line professional frustration. I do not know the extent to which the definition of agency head or head of the agency in FAR 2.101 is a significant contributing cause of your situation and frustration. I have private industry background, not government. My view is that what you are caught up in is driven by delegation powers. The Secretary of Defense is empowered to designate which of his or her duties are to be performed by other persons in, or organizations of, DOD. Pricing and Contracting seems to be a natural choice to be focal for k
  6. Like some other things, it is messy. If I were the contracting officer, I would rely on my boss and my attorney to answer this question. I might ask, certainly, but I would rely on their answer and so memorialize the file.
  7. Some things I noticed about the recently twice-revised forum software. After someone writes an oringinal post, the software will identify them as Author in future posts in the thread (topic). Orinally, I thought it was a mistake in the software. Some posters may see a little symbol near their icons. I have one automatically provided by the software that declares me as a moderator. I've seen another as a hand that declares a new member and newly registered or something like that. I've also noticed that if a post is made months after the previous post was made, the sof
  8. Appreciate the robust discussion on this. I work in a defense agency under USD Intelligence and Security. According to my policy people apparently Defense Pricing and Contracting has specified that USD Acquisition and Sustainment is the waiver approval authority, although I’ve seen nothing explicitly stated in writing to this effect. My policy people further interpret the *emergency* waiver authority to be the Director of our agency, based on the fact that that language refers to the “head of the agency” vice “head of an executive agency.” We’ve encountered another ambiguous
  9. Joel: I looked at the Author's post when it was originally written. At that time, I believed that it was a question to the workforce for their opinion about an issue. I also considered whether it should be in the contract award forum. I felt that it was a general question to the workforce and left it in this forum. I understand your point and appreciate your efforts and have adopted many of your suggetions. However, this time I believe it is where it should be.
  10. Depends on the purpose of categorization, right? For example, if the purpose is for application of the non-manufacturer rule, 13 CFR § 121.406(b)(4) states that “[t]he rental of an item(s) is a service and should be treated as such in the application of the nonmanufacturer rule and the limitation on subcontracting.” Then the PSC Manual, Defense Acquisition Guidebook, and SBA regulations state equipment rentals/leasing are services. FAR Part 37 gives a definition for service contract for the purposes of that part (e.g., clauses, policies and procedures). FAR 8.1104(e) is si
  11. @bob7947 Great catch...guess I better start calling you the Wizard of Wifcon and not just an oracle.
  12. Unless you have the power to trump the FAR, its a supply end of story per the office I work in. This of course correlates to the GPC card as well. The FAR is the law and the law says you MUST use supply clause and provisions. Our office does not care what GSA or any other agency has to say, if you don't trump the FAR, then you don't trump the FAR. 8.1104(e) is F
  13. Jamaal: Using the general definitions provided by the FAR an Wow! The Secretary of Defense, Deputy Secretary of Defense and an Assistant Secretary of Defense are agency heads. If they knew they were all the boss, we may be defenseless. I understand what they mean but it can be interpreted a different way. With the existing junk laws, some dating back to the 1700s; the annual perfections to those laws; the minor deletions, I guess the FAR Councils are having trouble keeping up with all the perfections and have no time to go back and read any of the regulations that are mean
  14. FrankJon, could you perhaps state in plainer language, what you see as the problem? Is it you don't know who the person is that is authorized to grant a waiver, or you don't know if the agency you are buying for is an executive agency or ????
  15. Next week, I’ll be speaking on small business federal contracting issues at for the AFCEA South Florida chapter. But if you can’t catch that talk, there’s a lot of federal contracting news to catch up on this week. Read on below. Stories from the past week include the White House release of an executive order that may have some effect on federal contractors. The executive order requires a clause in federal contracts prohibiting federal contractors from using “workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.”
  16. Seems to be some variation in FAR 2.101: Agency head or “head of the agency” means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency. Head of the agency (see “agency head”). Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S
  17. The initial post mentions Section 889. I must assume that is the John S. McCain National Defense Authorization Act for Fiscal Year 2019. Public Law - 115-232. In Section 889 which is the Prohibition on certain telecommunications and video surveillance services or equipment. Section 889 specifically contains paragraph (f) which defines Exeutive agency as "The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code. " Below is Section 133 of Title 41, USC. that defines Executive Agency as Section 889 authorizes waiver authority to
  18. Mark your calendars for next week. I’ll be speaking at the AFCEA South Florida’s SB Lunch and Learn on September 29 from 11:30am – 12:30pm eastern time. The topic is “10 things every Small Business should know about Federal Contracting Law.” AFCEA is an organization dedicated to “exploration of issues relevant to its members in information technology, communications, and electronics for the defense, homeland security and intelligence communities.” The event is open to all and registration information can be found here. The post AFCEA Small Business Talk September 29 first appeared on Sm
  19. Kasey, I don’t have any problem with thread other than the fact that it doesn’t belong under the category that covers contracting workforce issues. You asked and are discussing a question concerning how to “[write] a contract”, presumably for an acquisition to award a contract. You and your PCO have different preferences concerning formatting the CLIN structure, correct? Thus the “Contract Award” category is appropriate, especially for posterity filing and search purposes. No malice intended.
  20. My regulatory construction for 4.2104 is that “head of an agency” is used interchangeably with “head of the executive agency.” Head of executive agency is defined in FAR 2.101
  21. Wiki doesn't seem to be convinced either. "Legislative definitions of a federal agency are varied, and even contradictory. The official United States Government Manual offers no definition.[1][2] While the Administrative Procedure Act definition of "agency" applies to most executive branch agencies, Congress may define an agency however it chooses in enabling legislation, and subsequent litigation, often involving the Freedom of Information Act and the Government in the Sunshine Act. These further cloud attempts to enumerate a list of agencies.[3][4] The executive branch of the feder
  22. Are you talking about a solicitation that instructs offerors to use predetermined hours and material costs in their cost proposals?
  23. If the VA Center for Verification and Evaluation denies a company’s application for verification as a service-disabled veteran-owned small business, the applicant has the right to appeal–but the appeal must be filed with the SBA, not the VA. In a recent case, an applicant tried to appeal its denial to the VA, apparently based on the erroneous advice of a VA employee. By the time the applicant realized that it had appealed to the wrong agency, it was too late. The decision of the SBA’s Office of Hearings and Appeals in CVE Appeal of Starblast, Inc., SBA No. CVE-164 (Sept. 9, 2020) i
  24. Yes, these definitions exist under FAR Part 2 but they don’t provide context into what is meant by “head of an executive agency.” The FAR is written for and applicable to all executive agencies (1.101). Assuming the use of the word “executive” carries meaning here (I’m not convinced it does), what could that be?
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