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bob7947

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Everything posted by bob7947

  1. H2H: That document looks familiar. We may have discussed it here once but I cannot remember for sure. Maybe someone else will recognize it.
  2. One of my thoughts was to restrict protests to the awarding agency for procurements below $1 million. I am skimming the Rand study now and found that they included it as an option in their report for lesser value procurements. However, there may not be enough known about the value of the agency level protest anywhere. I'll keep looking.
  3. Are there any statistics anywhere on the amount of time it takes an agency to resolve an agency protest? I don't know if Rand looked at that.
  4. Don: I'm going to make it a poll beginning next week. The way things are now, it could go: DoD--GAO--COFC--CAFC--SCOTUS. I assume that if CAFC sent a protest back to COFC and the protester didn't like what the COFC did, the protester could appeal it back to CAFC, but I'm not sure. I would take bid protest jurisdiction away from all Courts. Currently, according to Rand, GAO disposes of protests in an average of 41 days while COFC takes 133 days. One possibility is to limit jurisdiction of all bid protests of a certain amount of money to the agency--maybe $1 million. Anything over that would go to GAO for a final decision. The courts' jurisdiction would be eliminated and it would end with GAO. I would keep the limits imposed by Congress on GAO, keep the stay, and continue to limit GAO's decision to a recommendation to the Executive branch. GAO squeals on agencies that do not follow its recommendations to Congress. If agencies want to go before Congress to explain, that is the agency's decision. In truth, there are few GAO recommendations that are not followed. GAO has a more transparent process than any court--I found this process last night. These are some possibilities that could be discussed here before we go to a poll.
  5. If FAR 46.705 is mentioned, where do you put it? Theoretically, everything could be under one forum--contract award process. That's why I get the big bucks--less than $.50 (cents that is) an hour to maintain this site.
  6. In one of the recent discussions, it was proposed that the GAO's bid protest jurisdiction be removed and jurisdiction be limited to the Courts, only. Do you believe that the GAO's bid protest jurisdiction be removed from GAO? If you believe GAO's bid protest jurisdiction should by removed why? Do You believe jurisdiction to hear bid protests should be limited to the courts? If so, why?
  7. Boof: You are close to 1 but still 2 in my mind. I would view a 1 as a network--or acess to the network--that includes contracting and programs and administrative staff. Permissions to access specific files could be granted to those who need to access them. The contracting officer, or specialist, could set timelines for users to remind them to get done. We could arrange for alarm bells to go off in the program office if they were not getting done. I like the idea of digital contract files with the solicitation number, then contract number, that include digital folders, instead of tabs, for contract file documents. Instead of lugging folders around, one could grant access to tabs or files. I'm sure that something similar is commonplace now. Many times, I had to ask the agency to order paper files for me from the records center in Suitland, Maryland. However, the trick is to get 100% digital for everyone involved in the solicitation and contract.
  8. How far has the federal government's contracting process progressed into the 21st century? In 2003, when I did a brief stint with a consultant company, I reviewed digital contract files over the internet from my home. The company I was with, for the most part, was a virtual company. I never saw those I worked with and that was fine with me. I've seen much discussion on the forums about digital and paper and I want to know your work experience. There will be 3 possible answers: 1 Total digital: in this category, all documents from the Procurement Request through Contract Award are totally digital, including signatures. Review of your contract file can be done online. Your agency may use digital folders for sections of your contract file. Communication with offerors is done over the internet including digital proposals and signatures, etc. Digital proposal format may include .pdf, word, etc. but you upload them into your agency network. Proposals are evaluated over your agency network. If you conduct Oral Presentations with offerors, you do it online with video and audio. In your work life, you Do Not see paper. 2. Mixture of digital and paper: OK, you print your electronic documents and place them in a hard copy contract file. You are not completely in the digital world but you do things on your agency's network. You may use hard copies or digital copies of documents from the requesting organization. Proposals come in various formats, paper, pdf, etc. In short, you still have SOME Paper in your work life. You are in between Total Digital and Paper. 3. Paper: You still use a typewriter or you are dependent on type written documents. Everything in your work life IS Paper. If you have any questions about the categories, select the one that is closest to your contracting activity's work experience. Your display name is not made public in this vote.
  9. Leo: I just tried the link in MSIE and Chrome and it is working. Are you using one of those web browsers?
  10. This bill was amended and reported out of the full Committee but the amended bill is not published yet.
  11. This is just getting started. You can find my post on the Home Page or here.
  12. Could you check here. FAC 84-35 did amend the section you mentioned in 1988.
  13. Then it is in effect as it is written, whatever it means. To my knowledge, there is no deviaition. Maybe there is but I don't remember it. There are 2 possible dates in the section, with the first one accomplished: and I added the italics in the first and second quote.
  14. The bill says enactment of this section of the bill. That is it. Since regulations aren't issued anymore, there will be a deviation issued to the applicable regulation. If there is not, the Administration is not in compliance with law. Simple as that. Its nothing new.
  15. S. 2413: Bridge Contract Transparency and Accountability Act of 2018, was introduced on February 8, 2018. This one appears to ask for a study (within 180 days of enactment), some interim guidance (within 30 days of the enactment), and then some reporting for a period of years. There are 4 sections of goodies. I believe this was initiated based on a hearing from last year. I couldn't find a press release. What do you think of this gem?
  16. H. R. 4995: Due Diligence for FEMA Disaster Contractors Act of 2018, was proposed on February 9, 2018. This is the type of legislation that is proposed when, according to news articles, someone awards a $150 million contract to an LLC with no employees, and who has a record of performance problems. See the sponsor's Press Release. Do you believe H. R. 4995 is necessary or do you believe the FAR coverage is adequate?
  17. This poll is now about 18 months old. So, some Members may have moved into a higher age group. However, nearly 47 percent of our Members who answered the poll are in the age groups of 39 or younger. If we add the 40 to 49 age group to the younger 2 groups, the under 49 age groups are about 60 percent of our Members.
  18. The first link in this post takes you to a 2015 article on defective pricing called Litigation & Proof in Defective Pricing Cases. The PNM is discussed on p. 6. The Defense Contract Audit Manual is mentioned on p. 6 and it leads to footnote 47 which is: DCAA Contract Audit Manual ¶ 14-115a (Feb. 12, 2015). The footnote is to a 2015 edition and the link I provided is to the December 2017 edition. It isn't my intent to make this a defective pricing topic but to show an aspect of the importance of the PNM.
  19. Retreadfed: Thank you. That is what I wanted mentioned--reliance. Your boilerplate example surprised me but stressed the point.
  20. Has anyone been involved in a defective pricing case? If so, was the PNM of any value?
  21. During my career, which ended years ago, I reviewed thousands of contract files from one end of the country to the other end of the country--with at least one stop in Rock Island. I remember beginning my reviews with the Price Negotiation Memorandum, Business Clearance, Results of Negotiation, etc. Sometimes there were pre and post versions of the document. We have active posters who are senior people in contracting with Heads of Contracting Activities here too. If you go back to the Poll about the age of Wifcon Users, you will see a fairly even distribution of members' within the age group categories that I used. This, of course, gives me an idea. The Federal Acquisition Regulation (FAR) directs that a record of negotiations be prepared. However, it may not discus the importance of documenting the negotiation completely--I did not look for explanations. Since the main purpose of this site is/was educational when/since I created it about 20 years ago, I think it may be helpful for the senior members to explain the importance of documenting the negotiation to the less senior members. I'm sure this is part of your job and you have explained it before but this is an opportunity to reach a larger audience. From your experience, why is the document important. If you have examples from your career, that may drive home the significance of this document, please use them. You will be enlightening others with your response--at least I am hope so. I've posted the FAR requirement below: There are a number of knowledgeable contracting people here.
  22. I read this a while back. Here's How Your Watch Can Prove That 2 + 2 Doesn't Equal 4.
  23. The settings for the Polls Forum prevented Members from creating polls. It may have been caused by an update to the software but I don't know why it was set that way. I was not aware of this and have changed the settings so that any Member can conduct a poll in the Polls Forum.
  24. Please take a moment and respond to this poll. It doesn't matter if you read or do not read decisions and opinions. It provides information to me to help with this site--which is larger and more time-consuming than a discussion board. Thanks.
  25. If you work in the area of contracting, you may have heard about Bid Protest and Contract Dispute decisons and opinions. The Government Accoutability Office (GAO) and the Courts issue decisons and opinions on Bid Protests while the Boards of Contract Appeals (BCAs) and the Courts issue decisons and opinions on Contract Disputes. By far, most Bid Protest Decisions are issued by GAO while the Courts issue a much smaller number of opinions. Likewise, the BCAs issue a larger number of Contract Dispute decisions while the Courts issue a smaller number of opinions. I've written a multiple choice question in which you can choose which decisions and opinions that you read. If you don't read decisions and opinions, you can check that box, instead. All those who respond will be anonymous to the public.
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