bob7947

Go to it FAR Council. The future change to this FAC--removing the youtube clip--will provide another opportunity for me to post a FAR change. I've been waiting since January. Maybe the FAR Council delayed the issuance of this FAC to make it a seasonal change.

After more than 7 months since the law was changed, this issue was dealt with on November 6, 2017, by FAC 2005-96.

NoDegree: That was Rule probably in the 1960s. Years ago, I added Rule's The Art of Negotiation to Wifcon.com. In a meeting with Rule, I described him in my Introduction to his work as Years after I wrote that, I was fortunate enough to speak with his son who was also an attorney. His son told me that he keeps his Father's watch chain and watch, which I describe above, on his desk where he works. Needless to say, that phone conversation with his son was a high point for me.

I remember posting this from the Civilian Agency Acquisition Council (CAAC): Class Deviation from the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces final rule (FAR Case 2014-025). I thought I posted a corresponding defense deviation but I could not find it. Perhaps I am thinking of a DOE deviation to its regulation.

I would not rule out the possibility that the Court discovered the title out of thin air, since I could not find it in the USACE Instruction.

MW Builders, Inc. p. 5.

Believe it or not, there is another procurement related GACO. It's from the Corps of Engineers. Let's see if Joel is around.

After about 19 years here, I found an acronym I hadn't seen before. Any GACOs here? Anyone know a GACO? Anyone know what a GACO is?

It is only available to Members who are logged in.

All members should now be able to download attachments. Please try it.

I will have to check the permissions I gave you.

I just tried and it worked. Sometimes, you need the current version of acrobat reader to make it work. That could be it.

Below is proposed Section 823 from the next NDAA. It must go to conference before it is passed so this is only a possibility. This may be of interest. --------------------------------------------------------------------------------------------------------------------------------- SEC. 823. LIMITATION ON UNILATERAL DEFINITIZATION. (a) Limitation.—Section 2326 of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j) respectively; and (2) by inserting after subsection (b) the following new subsection: “(c) Limitation On Unilateral Definitization By The Contracting Officer.—The following limitation applies to all undefinitized contractual actions with a not to exceed value of $50,000,000 or greater: “(1) If agreement is not reached on contractual terms, specifications, and price by a date certain, as required under subsection (b)(1), the contracting officer may not unilaterally definitize those terms, specifications and price over the objection of the contractor until— “(A) the head of the agency approves the definitization in writing; “(B) the contracting officer provides the written approval to the contractor; and “(C) the head of the agency notifies the congressional defense committees of the approval. “(2) The contract modification unilaterally definitizing the action shall not take effect until 60 calendar days after the congressional defense committees have been notified under subparagraph (C) of such paragraph.”. (b) Conforming Regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulations to conform with the amendments made by subsection (a).

That happens sometimes.

here_2_help: Some theories become nightmares in implementation. jwomack: Before we start, we have to determine if September is different from any other month. One easy preliminary effort is to compare contract actions and funds obligated for all months, for all agencies, and see if September is any different from another month. If that effort shows that September is any different from the 11 other months, you're in trouble. Here are some reasons: Everyone (with newspaper knowledge only) knows that government wastes billions of dollars in September and you have to prove it or look like an ass, Your organization will want to staff your effort immmediately increasing your own project's costs, The staff you receive won't know the difference between a collie and a contract action, If you are forced into a sampling strategy, you will lose control of the design of the work to some or all extent, If you have to put boots on the ground, the boots will be in the wrong part of the world and travel money is scarce, This looming disaster will consume 1 to 2 years of your career and you will be forgotten during that time, Etc, etc, etc, and it only gets worse after 1 through 6. With that in mind, the information system you use is your only friend (of course, eventually, you will have to validate the information in that system but that is another problem). If you don't kow the difference between a collie and contract action, resign and find something else to do. If you continue, you're dead meat. OK, you know what you are doing, make that information system sing and tell you everything it has in it. If something comes up unexpectedly, you can make it explain. The more detail the system provides, the better. That information system might be manipulated to answer many of your questions, it may help limit the effort to something that is doable, such as reviewing September contract actions, contract awards, etc. only, or it may help you to kill this project if it is hopeless. Your goal is to redesign your project into something that is humanly possible. Forget any comparison of one month's actions to another. There are too many variables when you consider 1 through 7 above. If you are lucky, you may identify a handful of contracting activites that you can focus on. If you do that, you will have to explain why you did. In the end, your project will have to have integrity, be fair, and have a use. If it doesn't, fight to kill it. With the information system supporting you, you will have a fighting chance at survival. [NOTE: I added a few words to my #1 above so readers will know that I was being facetious with the "Everyone Knows."]

napolik: ------------------------------- here_2_help: Contracting in this country is run by politicians and political hacks that blow a lot of hot air. Contracting folks must view themselves as if they are on a poor Caribbean island waiting for all the hot air from Washinton City to form into a hurricane. Once it does, and they are hit by the hurricane, they are left to pick up the pieces of rubble left by the hurricane and make the contracting process work. Then they wait for the next mass of Washinton City hot air to form into another huricane and watch it kick around the contracting process rubble. Of course, by now, the contracting folks on the island are spinning in the dust from successive hurricanes and they make mistakes as they try to patch the contracting process together. By now, the Washington City politicians get wind of the situation and send GAO into the rubble to report back to them. GAO, after landing on the wrong island several times, finally finds the contracting folks on their wrecked island and reports back to Congress that things are a mess. By now, GAO has told the IGs where contracting island is, and after several failed landings on the wrong island, some IGs find contracting island also. They report back to their Washington City political hacks who work with the politicians to fix the contracting mess on contracting island. As the politicians and political hacks work together, another mass of hot air begins to form around Washington City. It is only a matter of time for that hot air to form into another hurricane, which inevitably will hit the contracting rubble on contracting island again. And the process repeats.

Joel: Can you make a FPAF work? Best guess = FP. Contingency and slop included in AF.

Herein lies the problem . . . The FAR (and its supplements) parts, sections, etc., that implement law or legal decision should be highlighted in bold and italics. In that way, one will know which text of the FAR can be eliminated without further action. It's time that each regulation should be shown its true source very clearly so that we know who to blame for the regulatory clutter.

Joel: Your post wasn't deleted.

Last month, Wifcon.com entered its 19th year.

I banned the orignal poster because I saw a clear violation of Forum Rules. No one asked me take any action.

I believe I deleted all the offending information. I will not hide the topic at this point. If someone sees something I missed, please let me know.

I apologize for not seeing this quickly. I banned the ex-member for life.

You can change your alias. All of your posts should be given the new alais you choose. Just send me a PM and the alias you want and I can change it.

J and C: Thanks.