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. Back in the "dark ages" of the early 80's, we had a lot of senior construction quality assurance representatives. Some were pretty sympathetic to the plights of workers that were unpaid or underpaid. One of our top field office guys (a WWII marine combat vet) actually brought the local county sheriff to a subcontractor's office and escorted the president to the bank to make the company make restitution and then distribute to the affected workers... That, of course, was way beyond the bounds..but it was rural Alabama and sometimes such tactics were the most effective tool for "attitude adjustment" available... The Statute of Limitations has long passed, plus George died a couple years later. So I guess there is nothing that could be done to punish or discipline him. I sometimes wish we had more folks like him today.
  2. Jamaal, of course one should read and study the FAR Subpart 22.4 and any Supplements thereto. However, I also highly recommend a careful reading of the Army Corps of Engineers' publication Engineer Regulation ER 1180-1-8, Labor Relations. It specifically discusses visits by labor representatives (yes they can visit the work site but no they can't disrupt construction and no they can't engage in labor organization activities, collective bargaining activities, or other matters not directly associated with the government contract on a government installation (unless the Current Administration has changed the rules since my hard copy version of the ER) . The ER discusses a wide variety of laws, regs, contract provisions; compliance procedures, activities and situations; labor disputes, work stoppages and complaints of labor representatives; enforcement procedures and reporting, area practice surveys; and other topics. Bottom line is that, for construction, there is a much more active role required of the government contract administration team than for service contracting from my reading and experience. By the way, complaints by union reps or others, such as Trust Funds and apprentice programs that the contractor is not complying with fringe benefit payment requirements or other contract labor provision requirements are NOT to be regarded as "labor disputes" and the KO is responsible to to enforce the contract minimum wage requirements. For the Corps, we have District and HQ contractor industrial relations specialists can conduct full-scale investigations under certain authorities and do conduct lower level investigations in coordination with the ACO/KO and DOL. ER is specific to the USACE but other organizations may have similar regulations.
  3. Sorry, Jamaal. I'm just not understanding your question. What would the nexus be between a government employees' union representative and a Pipefitters local representative, who represents non-government unionized construction workers? hey, at any rate, the info is too sketchy to really answer the original question. But if an individual employee of an installation who had no official involvement in a contract or authority over an installation calls in a union rep for some reason, i don't think that the government has liability for interference with the construction contractor. If they are unionized, the union has certain representation rights. Union reps sometimes are called in over alleged misclassification of work or pay issues.
  4. Jamaal, it wasn't a VA union rep. From what I could glean from the scenario presented, it was a representative from the Pipefitters Union, visiting a construction job site to meet with a contractor and/or its employees.
  5. They didn't drag me down. I used the official statutory and regulatory term. I'm working a volleyball tournament this weekend and don't have time to write what usually takes 5-10 minutes of discussion about the subject during a class, acquisition planning/strategy, etc. We use and refer to "parameters" often in design and construction : e.g., upper limits, lower limits, min/max., X/Y, X/Y/Z coordinates, etc.
  6. If the contractor's workforce is unionized, then Union rep's normally have some type of access to the employees per the union/employer agreements. However,the OP didn't say whether or not the contractor is unionized. We don't know why the rep was called. I can only assume from the information provided that this is a VA project and somebody from the VA outside the contract admin chain called the union and a rep showed up. We don't know what communication occurred or who it was between.
  7. The DB industry and the FAR 36 committees drafted the legislation. I'd ask my lawyer who was the Chair, but she died.
  8. Well the FAR committee and probably Congress used it here. See 36.302 for budget parameter. In this case it would describe an upper limit and whether it is an absolute or a goal. EDIT: it doesn't have to be one number but is, in this context. The term is included in 10 U.S.C. 2305a. I assume that it is also used in 41 U.S.C. 3309.
  9. Ok, thanks, Jamaal. Yes, I'd probably provide a budget parameter for a proposer to stay within in developing a PWS, whether sole source or competitive. Similarly, for a performance based design-build acquisition we would provide a "contract cost limitation" (CCL) so that the proposer(s) know the boundary to be able to develop a design and construction proposal. It's similar to providing the budget limit to the designer in an A-E contract. The goal is to obtain/provide the full scope and balance the level of quality and amenities against the available budget and the stated quality criteria. In a competition, if a high quality, full scope facility could be provided under the CCL, the competition and the relative importance of price will keep the offered price realistic. I have seen D-B contracts awarded many millions of dollars below the CCL.
  10. Jamaal, I'm not sure if you were referring to my reference to Part 15. However, both Parts 12 and 13 require price to be a consideration in commercial and simplified acquisition of proposals - competitive or not*. We already discussed one way that the Gov't can develop an IGCE for a sole source proposal The OP did specifically mention the word "proposal", And I think that 10 U.S.C. § 2305(a)(3)(ii) applies to competitive commercial acquisitions that involve proposals. *For example,see FAR 12.209, 13.106-3,
  11. What is/are Latvian Connection's business specialty? For instance, could you perform construction in Germany/Europe/Middle East/Asia /Central/South America, etc., as a prime contractor? Specifically, contracts between $3000 and $150,000 and larger? Edit: fair and reasonable, competitive prices? Thank you.
  12. Is there any law or case law that allows a Board of Appeals to sanction a firm for a pattern of "vexacious" appeals or behavior (according to GAO)? What gives Latvian the right to appeal contract awards that are already performed years ago, for instance?
  13. Jamaal, I don't have a problem with a cost ceiling as long as it is clear that proposers don't have to use the entire budget and that price is also a factor if there is competition. it would seem that if the OP concerns a sole source, then the government should be able to use the offered PWS to develop an IGE and can independently evaluate the PWS and agree or consider more effective technical alternatives and cost alternatives
  14. Jamaal, if by “building-to-budget", you mean that the government provides the budget and states that the proposers should provide a Performance Work Statement at that price, I believe that it is not in conformance with 10 U.S.C. § 2305(a)(3)(ii) (2006) and FAR 15.304 ( c ) (1), that every solicitation for competitive proposals (the FAR uses the term "source selection) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals. EDIT: After I posted my response. govt2310's post above didn't show up until until I refreshed my screen.
  15. Bob, if two or more members are posting at the same time, after I post my answer, I don't always see other responses posted while I was composing my post unless I refresh the page. Otherwise, it looks like my response was next in the string. Perhaps that is what Jason was referring to(?)