Jump to content
The Wifcon Forums and Blogs

Retreadfed

Members
  • Content Count

    1,715
  • Joined

  • Last visited

Everything posted by Retreadfed

  1. Of course, if you believe that the wrong NAICS code is assigned to this procurement, you can protest that issue.
  2. See, DFARS 252.215-7009 item 14 and Table 15-2 Section II A " For all items proposed, identify the item and show the source, quantity, and price. "
  3. I tend to agree with H2H unless there is something more such as the selected subcontractor being debarred or suspended.
  4. Retreadfed

    Contractor Request to Extend POP

    If the delay in performance is not the product of an excusable delay, what about a reduction in price or fee as consideration for not issuing a T4D?
  5. That seems to have been Sunstrider's biggest issue. However, my question is whether the identify of a subcontractor is cost or pricing data that must be certified? It certainly would be relevant in granting consent to subcontract post-award.
  6. Retreadfed

    Assignment of Claims and Power of Attorney

    I am retired from the Federal government and now work in the private sector. However, some issues I see are what is the precise language of the power of attorney? What is the law of the state that governs your transaction with the contractor in regard to powers of attorney? What language is in the contracts regarding assignment? What specific objections to the COs have to recognizing the assignment? What have you done to alleviate their concerns?
  7. No, I correctly identified the section I had in mind.
  8. Retreadfed

    Assignment of Claims and Power of Attorney

    In addition to what ji wrote, we only have your opinion that there is a valid assignment. We have no way of knowing whether that is true and whether you have been able to demonstrate the validity of the assignment to the various COs.
  9. Sunstrider, can you state in what way you believe the prime contractor has failed to comply with FAR 15.404-3?
  10. Those same limitations are included in the SBA's rules.
  11. Xanadu, you need to read FAR Subpart 1.4 for a discussion of deviations. Any agency can issue a deviation to the FAR in order to accomplish what DoD has done in regard to the limitation on subcontracting. The official FAR is found at https://www.acquisition.gov/. Also, look at title 48 of the Code of Federal Regulations for the codified version of the FAR as well as agency supplements. The FARsite contains the FAR, which is applicable to procurement contracts awarded by covered Federal agencies. As a convenience to its primary users, i.e., DoD contracting personnel, the FARsite webmaster annotates the FAR with DoD deviations. As Joel stated, deviation material is printed in blue.
  12. Retreadfed

    Exempt EE's working LESS than 40 hours

    Not so. The FLSA applies to non-contractors as well as contractors. Thus, any employer can establish what it considers a standard work week for its exempt employees.
  13. Retreadfed

    Exempt EE's working LESS than 40 hours

    H2H, note that I did not say that contractors are using a 35 hour work week. I said "employers" are. Amazon has done this for some employers. I think Ben and Jerry's has as well as some tech firms and universities.
  14. Retreadfed

    Exempt EE's working LESS than 40 hours

    If the employees are exempt from the FLSA, the employer can set any number of hours it wants as the standard work week. I know of some contractors who have a base work week of 45 hours for exempt employees. Similarly, some employers are cutting the base work week to 35 hours.
  15. Thank you. Do you know what the WBENC policy is about accepting amended birth certificates and whether SBA concurs with that policy?
  16. jwomack asserted that agencies frequently appoint to need not capability. What he is saying is that agencies do not comply with FAR 1.603-2 when appointing contracting officers. Appointing contracting officers is an issue that is distinct from what agencies do after they have appointed a contracting officer. In any field, if an individual does not keep current, that individual will become less of an asset and more of a liability. Maybe some of the government types at this Forum and provide some insight as to what is being done with the acquisition training fund that is supposed to be established to provide training to members of the acquisition workforce.
  17. I don't see that at the website you gave. There the birth certificate is used to show American citizenship. Can you provide a quote that supports your statement?
  18. Pepe, if you don't stay in the government pond, you stand a good chance of getting gigged by an incompetent government contracting officer.
  19. That is scary for contractors and the taxpayer. In this case, I presume the agency would not give the incompetent a fair and realistic performance evaluation, but would create a false document to avoid having to remove the individual for poor performance.
  20. If you have an incompetent person, should they have a warrant at all? Unfortunately, while on the contractor side, I have had to deal with such situations. Many small businesses have had to close their doors because of the actions of incompetent contracting officers who should never have had a warrant.
  21. Retreadfed

    REA - Services

    52.222-41(m) is merely a notice requirement placed on the contractor. It does not authorize a price adjustment. Price adjustments are permitted under 52.222-43, not -41.
  22. To achieve efficient operations, the System must shift its focus from “risk avoidance” to one of “risk management.” The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The Executive Branch will accept and manage the risk associated with empowering local procurement officials to take independent action based on their professional judgment. FAR 1.102-2
  23. How is the contract priced, e.g., cost reimbursement, T&M, fixed price? Also, what does the contract say about using employees who have not completed the training?
  24. That is an incorrect interpretation. The functions listed in those subsections must be performed by a contracting officer from the cognizant Federal agency. It is up to the CFA to determine who that contracting officer is. This is made clear by 42.302(a). Also, note the definition of CFA in 2.101. Many contracts are novated by contracting officers from agencies that did not award the contracts. The fact that a contract is awarded by one agency does not mean that only that agency can novate that contract. Many contractors do business with several agencies at the same time. If one of those contractors sells the assets used to perform those contracts, each individual agency would not be responsible for novating its own contracts. Instead, the responsible contracting officer would be responsible for doing so for all agencies.
  25. Retreadfed

    REA - Services

    The adjustment is only calculated beginning with the exercise of an option and only applies to service employees working on a covered government contract. Not all employees covered by a CBA may be service employees as contemplated by the SCA. Thus, identifying who are service employees covered by the CBA may be a good starting point. Next, the adjustment is made on a prospective basis not retroactive. Thus, if the new CBA rates went into effect in the middle of an option period, the contractor is not entitled to an adjustment based on the effective date of the new CBA rates. Instead, the new rates would only be used in computing the adjustment for the next option period. You can tell the difference in the hourly rates (wages and fringe) by comparing the old rates and the new rates. The rub comes in determining the hours by which to multiply the difference. Neither, the DoL regs, the SCA, nor the FAR say how this is to be computed. Moreover, I am not aware of any appeals board or court decision that answers this question. The guide that Carl provided contains the Navy's view on this which is similar to other DoD agencies. However, the guide is just that, a guide that has no regulatory effect unless it is incorporated into a contract.
×