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. Construction Award

    I agree that the contractor may order materials on its own account without the government's input or assent prior to NTP. I should have said that. As I said, my assumption was that the contractor was asking so that it could be paid for materials prior to NTP. However, that would probably be unlikely if the NTP is only delayed for 45 days. If that is the reason, then I suggest the government should advise the contractor that there would be no payments made for stored materials prior to issuance of NTP and that the contractor would be fully responsible for storage and safekeeping the materials.
  2. Ok, now it is clearer that this is a firm fixed price contract for services that includes some type of incentives tied to meeting service availability metrics. It is not a "fixed price incentive" contract as described in FAR 16.4. Those types of contracts must include incentives for cost performance. A FFP contract with an award fee for performance remains FFP because the price is not adjusted based upon the COST of performance. Here, I tend to agree with Vern's post above to the extent that I probably wouldn't invoice for more than the services that I provided unless I had in hand a written legal opinion that I am contractually entitled to full payment. "Submitting an invoice when unsure about entitlement is asking for trouble."
  3. 490, thanks for the clarification. An FFP contract under 16.202 may include incentives. I have used and have seen award fee incentives in FFP construction contracts and have seen extended periods as incentives for superior performance. But FPI contracts under 16.403 are not FFP and are different than FFP contracts. What "16.402-2 incentives" were included in the contract? I'm not certain at this point that the K0 who issued the contract knew what they were drafting, if 12 months Internet service is impossible to provide under the circumstances and if the contract mixes FFP with FPI
  4. 490, In your initial post, you stated that this is a fixed price incentive contract (you stated in a later post that it is "FPIF"), yet you also indicated that it was in accordance with FAR 16.202., which is a contradiction. FAR 16.202 covers firm-fixed-price contracts. A fixed price incentive contract with a target cost and target profit or fee is described in 16.403 and 16.403-1. A FFP contract is not subject to adjustment based upon the contractor's actual cost to provide the specified service, as you stated. However, it doesn't appear to me that you provided the full services specified. If this is a FFP contract, the government should perhaps modify the scope of work to reflect the actual period of service provided. If there were any cost savings for providing less than the specified period of Internet services, the government might be entitled to a credit based upon the direct cost savings, if any, plus applicable overheads and profit. If this is a fixed price incentive contract with firm targets, it becomes more complicated. The final cost is to be negotiated and target fee is adjusted based upon differences between final and target costs. If the full service wasn't provided, it might warrant some fee reduction but we don't have all of the facts or the contract available. 490' how did you conclude that this is a fixed price incentive contract that is, as you stated in your original post, "in accordance with FAR Part [sic] 16.202" (actually, Part 16, subpart 2, section 02)? In response to your second question in the original post, there isn't enough information available, but it would seem to me that you can't bill the government for the same service twice. However, if the first contract is FPI, you presumably wouldn't be billing for the cost of 12 months of Internet service but only for the cost incurred for what service you actually provided under that contract.
  5. Construction Award

    Assuming that contract clause 52.211-10 Commencement, Prosecution and Completion of Work is in the Contract, the Notice to Proceed normally starts the performance period clock ticking, unless the clause has been modified. (Edit): I assume that the contractor wants to be assured that it will be paid for the materials, if ordered and delivered as stored materials or if an obligation is incurred when ordered before the construction NTP is issued, particularly if the contract is terminated at some point. I would suggest a limited notice to proceed to order the materials as part of a no cost supplemental agreement that the specified performance period won't begin until a full NTP is issued (anticipated date?). (Edit): Both parties would receive some value or consideration for an agreement that the delayed NTP is excusable and noncompensable. It appears that there is a concurrent gov't/contractor delay here. The contractor can also lock in material prices to mitigate delay impact costs. The contractor may be able to prosecute the work in a shorter time with materials on hand at NTP or shortly thereafter. That should also benefit the government. Win/win possible.
  6. Unique Acquisition Workforce Functions

    Please define what YOU mean by the term "acquisition workforce"? You are apparently in the Department of Defense, since you mentioned the contracting software system. Thanks.
  7. Discussion Forum Rules

    Just curious what is meant by "access" I am able to view this on my cell phone without signing in...
  8. Broader Use of Qualifications-Based Source Selection?

    Yes, that is the publication. And I am clueless, thus rely on my experts these days.
  9. Broader Use of Qualifications-Based Source Selection?

    Try USACE Engineer Pamphlet EP 715-1-7 A-E Contracting. I will verify that number But if you have no idea how to estimate or analyze design processes and costs for A-E services you still will be clueless as to negotiating prices.
  10. What is price evaluation?

    jwomack, It doesn't "look" to me like he is contemplating the calculation of "opportunity cost" to me, based upon the definition above and other similar definitions found during a Google Search. What do you mean by opportunity cost?
  11. Reviews, Clearance Approval Authorities, & Legal Counsel

    Clarify what you mean, please. Are you referring only to reviews within Contracting office? Or are you asking the value added by reviews outside the contracting office? if you think that the contracting office is self sufficient for those actions that require review, I disagree. Basic fact of life: the author(s) think they know what they are trying to say but they don't necessarily know what the receptor thinks it says.
  12. Reviews, Clearance Approval Authorities, & Legal Counsel

    Not today, perhaps later. Recovery from surgery and "other duties as assigned" prevent me from spending any more time to respond to posts for now. Sorry that you don't have an awareness of the value of reviews.
  13. I love ya, Vern. But if my choices are between following John Wayne and the other earthly references cited above or in following the Lord, I choose to follow the Lord (Joshua 24: 15). Pride is one of the deadliest of the "big seven" sins. I choose not to be too proud to apologize for offending someone. Actually, I had developed a list of other references in "another Book" of Jesus Christ's teachings on seeking forgiveness and forgiving, as well as The Word of "I Am" in the Old Testament and the Tanakh. But they got wiped out before I could post. I guess the evil one is trying to thwart me this morning. Probably the most succinct prayer instruction might be found in Luke 4:12 and Matthew 6:12 (paraphrasing "Forgive us our sins (trespasses, debts) as we (must) forgive those who sin (those who trespass, our debtors) against us"). ❤️