joel hoffman

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About joel hoffman

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    P.E., DBIA

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    Following God, Family, Sailing, Motorcycling, Hunting, Volleyball; Acquisition, Source Selections, Contract Administration, Construction, Design-Build Construction, mods, claims, TFD, TFC, project controls,

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  1. Ok, that makes it clearer. I would agree with Vern. Simply looking at the bottom line price proposed to the government wouldn't satisfy the sub's needs. If you aren't willing to truthfully reveal to the sub how much will be included in the proposal, due to subcontractor negotiation reasons or leverage for further negotiations with the firm after award, then you probably won't be successful in negotiating a teaming agreement with that firm. If you are willing to divulge how much is included for the subcontract, then there may be ways to do that without having to show the sub the entire proposal.
  2. I recommend that you place the burden of proof on the Contractor to justify the additional cost to the government - before allowing it and preferably before paying it.
  3. Yes, it may be appropriate to question the value of the price increase. See FAR 31.201-3 (a) -- Determining Reasonableness. How do you know it was a "fixed price contract" ? What kind of "fixed price (sub)contract is it? In addition to FFP, a fixed price incentive arrangement is a form of fixed price contract. You said, "The price proposal was a list of estimated costs by type of service." That doesn't appear to be a proposal for a FFP (sub)contract.
  4. Please provide some clarification, thanks. You are negotiating with a key prospective subcontractor and want some ideas on how to successfully close the deal to get through or around a sticking point. What is a TA? NDA = non-disclosure agreement? Between which parties? Who are you "exclusive" with? Is "we" you and this specific sub? What "final number" or other specific price proposal "info" is the sub insisting upon having access to? Details or overall bottom line? Why are they insisting upon having access to this information? Hard to propose alternative approaches or "language" (??) without understanding the sub's purpose or reasons for wanting to know the (?) information. Respondents here often go off numerous different rabbit trails when the initial post is unclear. That is a waste of everyone's time. If a proposed sub is insisting upon something that is not acceptable and you are seeking alternate approaches or "language" to include them, it is necessary or helpful to understand exactly what they say they need and their motivation or underlying needs. Also may be helpful to know what, if anything, the "NDA" has to do with the situation. Thanks.
  5. It would seem to me that, if an acquisition is necessary to fulfill the requirements of the Court Order, then the FAR is applicable. This assumes that the agency's acquisitions are otherwise subject to FAR.
  6. Bob, I believe that Carl is simply comparing Vern's idea to what some current program for certifying Contracting Officer Representatives might look like, if it were fully implemented. He appears to like Vern's ideas.
  7. How about - Learn first how to excel at what you do and promotion opportunities will follow. Always remember who is paying your salary - the American Taxpayer. Learn to negotiate terms of agreements, cost or price, bargaining for better performance, find win-win solutions, be firm but fair, seek mutually satisfactory solutions... A Korean co-worker once told me "You Americans are so naive. You simply accept the price as offered. We Koreans bargain for everything. Everything is negotiable. Even the price of a loaf of bread."😃
  8. baierle, well said! Thank you for your advice to a new professional! It just occurred to me that this is essentially what my GS-15 Area Engineer told me on the very first morning of my employment as an Army Corps of Engineers civil servant, to perform construction contract administration and quality assurance duties on a $2 billion, major civil works program. That was in April or May of 1980. I can still remember that one-on-one introduction, welcome and communication of expectations meeting in his office. I have always admired him greatly as a leader, supervisor, and a man who displayed the highest character and integrity. He established ethical and professional standards that I have always aspired to follow.
  9. I meant - for cost reimbursement - don't pay for billed costs that were not incurred. For T&M, If billed for an hours or materials on the basis that they were provided and they weren't provided, don't pay for it. Yes, that is to distinguish from actually receiving an end product or completing the service under T&M or cost reimbursement.
  10. Although the question wasn't addressed to me, I would apply that advice to cost reimbursement or T&M contracts. Don't pay for a product or service if the contractor didn't expend the cost or labor hours billed for, as applicable to the situation.
  11. In searching the archive, I found this thread concerning advice for new contracting officers. http://www.wifcon.com/discussion/index.php?/topic/970-newly-appointed-contracting-officer-tips-of-the-trade In addition, make WIFCON.com your home page. Keep up with the daily updates and try to set aside some daily time for study - at work or at home if necessary. Scour the site contents page and dedicate time to study. There is an amazing wealth of information in this site. There are numerous threads throughout the WIFCON Forum that cover career advice in this field. I didn't have time to make a deep search tonight. I'm sure that the 1102's here can provide further career advice.
  12. A MAS order with a CTA arrangement provides for privity of contract between each schedule contractor in the CTA and the government. See: https://www.gsa.gov/portal/content/200553 Unless there is more to it, the proposed arrangement would not be a "CTA" under the GSA description on the referenced webpage. You asked "What are items of value?" I'd say that they would be products and/or services that a scheduler holder in the CTA provides under their MAS contract.
  13. Assuming that contract clause 52.243-1, with Alt 1, is in your contract, if the change in hours of operation causes an increase in your costs, then you would be due an equitable adjustment under the Changes clause. You will have to show that your costs have increased due to the change. The SCA rates are not maximums, if you have to pay a premium to the workforce. If there are other cost impacts, those should be considered, too.
  14. Yes, great. And if your company has included the requisite EEO clauses in your subcontracts, then the sub(s) are also directly on notice of their filing responsibilties under the law. It doesn't hurt to remind them but no mod is necessary.