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Everything posted by dwgerard

  1. K-Law, The tech weenies blocked my access to WIFCON when I first reported to my previous job with DHS. I went through my chain of command and once they saw how valuable it was, the removed the block for everyone. Of course that particular office has only a few who actually LOOK at WIFCON, but it wasn't like I didn't try to endorse this site!
  2. Krazy KO, My sympathies on your situation! As the recipient of similar hot potatoes in the past, coincidentally in an Army office as well, I have but one piece of advice: put the legal first before the fair and reasonable. It does no good to have a happy program office and happy contractor if the contracting officer goes to jail, gets fired or loses his or her warrant.
  3. physiocrat: any of a school of economists founded in 18th-century France and characterized chiefly by a belief that government policy should not interfere with the operation of natural economic laws and that land is the source of all wealth. It is generally regarded as the first scientific school of economics. physiocrat. (2009). In Encyclop?dia Britannica. Retrieved October 13, 2009, from Encyclop?dia Britannica Online: http://www.britannica.com/EBchecked/topic/458805/physiocrat Is there truly anyone who believes in that economic philosophy anymore? I do somewhat believe that government p
  4. Thanks to everyone on their suggestions! I will look at the research on the suggestions and decide on a primary and a few secondary potential topics that I will propose to my dissertation committee. I will post the accepted topic title here once it is accepted, and I will also post a link to the complete dissertation if possible on this site.
  5. I am currently pursuing a doctoral degree in Business Management and I will be beginning the early stages of my dissertation in November/December of this year. I have a very loose idea of a topic that deals with the success (or failure) of the DAWIA degree/24 hr requirement for 1102's. I am not married to the topic, and it has not yet been reviewed or approved by my dissertation committee, so I am looking for other options that may be more suitable or acceptable to my committee. I appreciate any responses that the esteemed members of WIFCON can provide! Those responses do not need to be for
  6. I see heavy rolls ahead as GovExec magazine just release a report that the adminstration is advocating abolishing the Federal Employees Health Benefit in favor of pushing us in state controlled health programs. Of course the word "state" in the proposed language is not defined as the federal government as a state or an actual state, but with so many lawyers running the show, I bet it means exactly what they want it to mean. Heck if they are going to start using Federal employees, including the contracting workforce, for their political agendas, you may as well be whistling in the wind if you
  7. At my former office our attorneys advised us not to sign the standard terms of an internet provide as it gave their state and local courts authority over the Federal Government rights. We refused to sign their document and offered our own terms, which they agreed to in 2008. In 2009, they forgot that they agreed to those terms, and resent the original boilerplate terms for us to sign again, and we again refused. They, without warning, disconnected the service, and the Deputy Assistant Director unleashed hades on them, after which they restored the service and last I heard, accepted the stan
  8. I have to agree with Leo here, as my former office has been in an overtime, no leave without Assistant Director approval mode since July. My current office is not as busy as much of funding is multiyear, but there is still plenty of overtime and no leave without approvals in effect here as well at my Army PEO command. I too would like to know Ms Doan's sources, and what agency that information came from, as it appears to be "spun" to meet someones agenda.
  9. Vern's post is a good summation of how this thread has gone so far, but it hit me while I was reading it that it reminds me of another debate I saw in both print and acted out on video. It was some of the debates in the pre-revolution Continental Congress over negotiating with the King over his decrees as they applied to colonies. In that light, figure out which representative each of us represents from that august body, and it gets even more interesting. Picture Vern's last sentence and you can see the decision point that led to the Declaration of Independence in this thread!
  10. Whynot, Unconvincing? You can lead a horse to water but you cannot make him drink. Methinks that applies in this case. I cannot find case law for something that HAS NOT been found illegal. Proving a negative is impossible, which is why I asked for you to show a case where a reimbursable CLIN was found to be impermissible. Here is something that I DID find: "RFP price schedule included a contract line item number (CLIN) for each of the specified 36 labor categories required under the contract along with an estimate of the total hours of work (and overtime) for each CLIN. The offeror was to p
  11. Whynot, Do you have any case law regarding your position? I have authored, signed and seen literally thousands of contract actions that were fixed price with reimbursable travel CLINs. If you look at FEDBIZOPPS right now you will see solicitations with that same CLIN structure. What you are saying in effect is that you are right while thousands of others are wrong. Your position seems to say "let's shoot ourselves in the foot with a plainly dumb interpretation of the law". The contractor AND the Government cannot accurately forecast travel costs, yet you insist that both we and the contr
  12. I posted a message to this yesterday and I messed up saving it, but this is what I pretty much said: As your lawyers to show some evidence or case history on their position. If you look at the thousands of contracts and solicitations on FEDBIZOPPS and the other sites, nearly every professional service and technical assistance contract and/or solicitation has cost reimbursable CLIN(s). If those are wrong, then why are ONLY your legal folks up on that? Second, if you require that contractors propose travel cost for a whole year or multiple years, you will end up with contractors quoting the hi
  13. I have never heard of "substantial performance" in the 5 organizations I have worked with over the last 10 years, so I don't believe it is a valid regulation as stated. As far as contract actions awarded at the end of the year using 1 year or O&M funding, the policies I have seen allow for performance within the FY that the funds are associated with OR 1 year from the date of award if the requirement crosses fiscal years. The second is allowable providing that the award is recorded within same FY that the funding is associated with. The requirement for that is for the Head of the Execu
  14. How is converting a T&M contract to a FP LOE contract "issuing" a subcontract? "Converting" means changing from one condition to another, not adding to a condition. I cannot see how the original question changes because of what forum that the question is in. If a prime has a T&M contract with the Government, he can issue any kind of subcontract he wants, provided the contract does not have some sort of restrictions against a particular type of contract.
  15. The way I see it, there was no contract between the Government and your client so there could be no pre-contract costs. Legally, I believe you will need to go after the individual who "promised" the contract and obtained the services. You may also go after the organization that obtained the benefits as well. How it will be pursued is a big question, as no price was agreed upon for the hosting the pubic according to your scenario, other than a contract that the individual had no authority to award. With that, I tend to believe Government ethics regulations do prohibit that conduct from a G
  16. I was a Customs Inspector serving at the Port of Charleston, SC that day. I had just been accepted for a position as a Contract Specialist with the Navy and was scheduled to have my goodbye luncheon at 1100 on 9/11/2001. As I was working, my wife called to tell me that apparently a small plane had hit the WTC building, and to turn on the TV to see the results. The whole office went into the lunch room and turned on the TV, talking about how a co-worker was scheduled to be at a meeting at the Customs House in NY, which was between the two WT towers. As we were watching, we witnessed in shock
  17. I agree with Vern on the purposes of T&M and LOE contracts, but most of the T&M contracts I saw were misused as LOE efforts for projects such as contractor support in the various offices within the agency I worked at. The philosophy was and is wrong, but no efforts of mine were effective at making a change. I cannot say how all offices see these contract vehicles, but that was the philosophy in my last organization. Hopefully the trend is to put projects in the right type of contract rather than simply lumping all into one type or banning a type such as T&M without understanding
  18. FAR, Reading the tea leaves at both a civilian agency I just left and the DoD agency I reported to, Time & Material contracts are on the bad side of the pendulum swing these days. As such, many offices are probably scrambling to find another contracting method to accomodate the performance risks, scope of work uncertainty, and undefined requirements that are common. T&M contracts accomodate those problems, but if the senior leadership bans or puts significant restrictions on using T&M contracting methods, program and contracting offices will seek an alternative method such as Fixe
  19. This seems to be a case where: Unless the contractor acquired property is a deliverable under the contract, = benefit of ownership to the contractor, not the government no profit or fee shall be permitted on the cost of the property = no benefit to the government means no profit or fee will be paid. We will pay for the article, but not the profit or fee. I can imagine cases where the contractor purchases property such as special tooling, and passes the cost including profit or fee to the government. The contractor then keeps the equipment after the contract has concluded, and uses it on othe
  20. I agree with the "I have been taught" comment, but sometimes breaking out of that fog of misinformation is by simple chance. An example is this thread, which is one reason I have recommended this website to everyone I have ever worked with in contracting.
  21. If the ID/IQ contract itself can be awarded for a 5 year period, could it then also have one or more options, each 5 years in duration? I have been taught that all contracts are restricted to 5 years duration without specific authority for a longer period of time. This could be an ephiphany for my office, which constantly has a problem with long term projects for software development that goes on for a decade or more.
  22. Then show them this: FAR 31.201-4 Determining allocability. A cost is allocable if it is assignable or chargeable to one or more cost objectives on the basis of relative benefits received or other equitable relationship. Subject to the foregoing, a cost is allocable to a Government contract if it (a) Is incurred specifically for the contract; ( Benefits both the contract and other work, and can be distributed to them in reasonable proportion to the benefits received; or ? Is necessary to the overall operation of the business, although a direct relationship to any particular cost objective c
  23. I believe it would be a violation of multiple regulations and laws, not the least of which is the Anti-Deficiency Act, which prohibits work being contracted for without funding being obligated for that purpose. I am not an attorney, nor am I working for DCAA, but you would probably need the former and need to fear the latter should your company agree to such an arrangement. As an 1102, I cannot think of any reason why the "customers" don't want to inform the PCO or ACO unless they KNOW they are doing something that would be unacceptable to the Contracting Officer. If you actually agree to th
  24. There has been a few instances in our office where we verified that funding was properly allocated for a contract at the time of award and later found that someone in the finance office moved that funding to satisfy some other requirement. When that happened, we in contracting jumped on that office like it was an empty soda can, and the funding has always been restored pronto. It that was the case in this instance, it would be incumbent upon the Contracting Officer to properly document the facts as they present themselves. I cannot see how the KO would be responsible for that mistake, and th
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