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Everything posted by GoGoldPA

  1. GoGoldPA

    Comparison of Major Contract Types

    I remember this chart. It was given out as a handout in CON 101. I kept it hanging up in my cubicle for years until I moved out of operational contracting. There was another chart that used to be given out to newbies that showed the difference between provisions and clauses that was also quite helpful. Hmmm, time to check my "office". Excellent tool for newbies and those of us who like to keep the cobwebs at bay.
  2. GoGoldPA

    Fiscal Law - "Purpose" question

    Anonco, All I can say is if you have clearly articulated the answer you received as, "The program office, budget office, and counsel contend that MILCON funds are authorized/appropriate solely because the demolition is listed on a DD Form 1391.", I'm speechless. MILCON funds come from an appropriations act and as such their use is restricted by what is contained in the appropriation, not, just the form as the two go hand in hand. I'm not impressed at all by the answer you were provided, but, who am I? I personally do not know if MILCON funds can be used for "demolition" as I've always been under the understanding that the funds were to be used for "construction" only. However, I was never faced with your situation. I would recommend contacting someone in a Corps of Engineers contracting shop or researching a little further using a google search using the terms, can MILCON appropriations/funding be used for demolition, or, under what circumstances can MILCON funding be used for demolition...something along those lines. I'm also a little strange in that I would actually read the bill for my own edification. I realize I didn't offer much in the order of an answer, but, I was compelled to respond to the answer you received. Please let us know your findings as it may assist someone with similar issues.
  3. GoGoldPA

    Fed seeking private sector employment

    Vern, sorry for the late reply I had an evaluation board to attend to! I'm glad I hung in there because ultimately contracting is a fascinating field. I've met some brilliant people, government and private sector. I have the opportunity to travel the world if I so desire. I perform a service to the American taxpayer when I exercise my brain cells and negotiate a contract at the best possible price. There are jerks in all works of life. You cannot let them define you. I want to see change in this field, but, there aren't too many of us left willing to go the extra mile to fight for that change. Vern, I've got too much time left to walk away, therefore, all I can do is hope that if enough of us hang around when and if the political climate changes such that true leaders can be heard the career field will get better for everyone. I'm a hopeless optimist with a fairly strong back.
  4. GM Forum, I've tried searching on this topic to no avail, however, I believe this has been covered on WIFCON before...anyhoo, here goes: Background: Inherited a service contract for administration from another CO. Conducted a review of the file and it screamed supply. Findings were validated when the vendor submitted an invoice for full payment, FFP, net 30. The purchase is for software to be installed on a server with maintenance support for three years. Let me know if more information is required. Corrective action: I held a teleconference with the client and vendor to verify my findings. I've explained to all parties that the order will need to be modified, bi-laterally of course, to correct the order. The order is against a GSA schedule. There is no need to change pricing. I'll scrub the "PWS" as it really doesn't say squat with regards to what actually was needed. Go figure! I'll frame the corrective action plan in the form of a MFR to document all findings, place in the file, and execute the mod. My question, am I missing anything? If this topic has been covererd please share the link and thanks for taking the time to read! "Erin Go Braugh" Happy St. Patrick's Day!
  5. Vern: Good question and after speaking with all of the parties, held two teleconferences since original post, and gaining more clarity there is no need to change. Ultimately, the only issue was the structuring of the payment arrangements. Payment arrangements had been set up to bill as 1/12th (FFP) when actually the vendor should have been allowed to bill out upon delivery and acceptance. I believe I was over thinking this one and knew I needed to talk it out to ensure I was approaching it the right way.
  6. GoGoldPA

    Contracts vs. Civil Service Employees

    It is only because I listened to Vern's advice many years ago that I have been able to shut a lot of folks down when they start talking out of the sides of their heads. I've also incurred the spurious title of the "researcher" because I actually take the time to research and consult with my legal staff on a regular basis before assuming anything. I'm sure things like this happen in the private sector, but, I too, like Vern get so aggravated when it happens in government service. UUGGHH! Dang it I'm a Contracting Officer. The FAR says "I" am responsible, therefore, "I" will research an issue to my satisfaction and no one elses. If in the end my judgement is found to be incorrect then I'll take it as a lesson learned. When I first entered government service I worked for a crotchety old Senior Chief in the Navy. His advice to me was to learn your regulations and policies inside and out. If it pertains to the government it is written in black and white your job is to find it. Luckily I'm a reader so researching doesn't bother me. I'm also humble enough to consult with others that are a lot smarter than I am when making important decisions.
  7. Exactly. It's really a matter of how you set up the CLINS. You'd need the mainteThis is just typical of what happens when you receive a requirement five minutes, (not literally), before the end of the fiscal year.
  8. GoGoldPA

    Fed seeking private sector employment

    Wow, I too would love to hear the answers to Vern's questions. While I wouldn't characterize my experiences as "nightmares" I must admit that being a Contracting Officer has become more and more of a challenge. I've found myself having to protect contractors from rogue COR's, leadership that relies too heavily on office gossip and tattle telling than facts, an unwillingness to accept an 80% solution when sometimes expediency calls for it, personal attacks from clients that think you are in "bed with" the contractors simply because you have to enforce what is written in the contract and not what they thought. The list goes on and on. But, years ago I wrote to this forum when I was ready to give up and was told to hang in there. I'm glad I did. I hope that you do provide some answers to Vern's questions because I believe you might find that you are not alone, and, the answers may help you or someone else that is going through something similar. Good luck either way.
  9. Vern: The contract was awarded at year end 2012, installation is still on going, partial acceptance has occured. The software is being installed on multiple servers. Larry: Thanks for the links and suggestions. I agree, circumstances are dictating this as a supply. Both the vendor and client agreed. jtolli: I'm one step ahead of you. We discussed the SIN during the telecon, SIN 132 34, was cited for the maintenance portion.
  10. Sad, but, too often this is the case when people don't wait for the "facts"!
  11. As I was reading the WIFCON home page this evening I came across the subject OSD memorandum dtd 10 Feb 2012. I don't know how to embed a link....if anyone knows how please help a novice out....and if you'd be so kind please share the process with me. Anyhoo..... There have been many discussions on WIFCON with regards to how to better identify competent Contracting Officers and I wondered if this "model" was responsive to any of the recommendations, suggestions, comments, thoughts that have been discussed before. The one thing I noticed is that the model is for the discretionary use for agencies as they develop of improve their process for the selection of Contracting Officers. In my opinion the Army gives out warrants like candy. I never chased a warrant. Not because I was afraid or didn't want to get promoted. I chose not to because I recognized I needed more time to learn everything I could about our field and patience. In my efforts to become better I took Vern's recommended reading list and began my self improvement journey. (Thanks Vern!) I decided to purchase the full set of Cibinic and Nash books and based on recommendations made here in this Forum I read a chapter based on the acquisition I was working on and others as needed. I read Business Week and the Wall Street Journal as often as I can. Now that I have my Nook I can download an issue when I can't make it to the library. I also try to remind myself that I don't know everything and that's okay! I seek out more experienced professionals and try to remain flexible. I don't know that this proposed model is the answer everyone has been seeking, (to include myself), however, it looks a heck of a lot better that what we've had so far. Any thoughts? -------------------- Link to the memo provided by bob7947
  12. GoGoldPA


    Never heard any of them used in the Army......Vern, may I ask what brought on the question?
  13. GoGoldPA

    What are you listening to?

    Grover Washington Jr. - Soulful Strut. I'm a jazz nut. Anything Miles Davis.
  14. GoGoldPA

    Inherently Governmental Function

    The Army proponet for the use of the Service Contract Act Approval is the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA-M&RA). The current worksheet, which was recently revised, requires the head of the requiring activity to approve the requirement, (GO/SES only can sign) and to certify that the requirement is compliant by placing their signatures in the appropriate place. I'm not sure about the other components of DoD but this has been in effect for the Army for quite some time. Contracting Officers are not allowed to make an award for services without first obtaining the completed form. On another note the approval authority though vested in the Agency Head which can be as high as a four star general can only be delegated down to the GO/SES level without prior approval from the proponent agency, i.e., ASA M&RA. Therefore, I have seen a couple of COL's signatures on these documents when obtaining the higher level signature would jeopardize the procurement.
  15. GoGoldPA


    Has anyone ever run into a scenario whereas a third party event planner wins an award when the intent was to make an award to a hotel for a conference? My question is, under what authority would a third party be able to enter into any agreement with the hotel? I won't insult everyone's intelligence with regards to who can sign a contract, but, what the heck??? Is this common? The KO stated that they "had" to award to a small business because the acquisition falls below the SAP...I say this is a commercial item and should be acquired using simplified acquisition procedures? Hopefully, this scenario will prove fruitful for discussion because I'm just not getting there. GoGold