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C Culham

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About C Culham

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  1. Commercial SB Plans

    This suggests that the commercial plan is preferred by GSA............... https://vsc.gsa.gov/administration/subForPrime.cfm
  2. While the questions and thoughts regardng the OPs refereced terms and conditions might be good ones I am confused how the AGAR clause has entered into this thread. It is not a clause in the standard T&Cs of a EERA with no FAR or supplement stated. It is in an EERA as simply Clause 9 and reads in part as stated by the OP. Suggest reading iClause 9 and referencing it only.
  3. I always like visiting WIFCON to see how any particular subject might have be covered in the past. You might find this short discussion thread to be helpful to the advice and thoughts already provided......
  4. Well dang it I thought this new provision provided an opportunity with regard to this discussion (referenced below) and then I read closely and lo and behold not yet! Why? Well to my amazement the provision has added a new definition to commercial item acquisition that appears to have left Kickstarter by the wayside. And really "Commercial Product" now means a COTS item that is not a service? Too bad Kickstarter not yet and come on bill writers try using familiar and already defined words and quit inventing new ones! COMMERCIAL PRODUCT.—The term ‘‘com- 8 mercial product’’ means a commercially available off- 9 the-shelf item, as defined in section 104 of title 41, 10 United States Code, except the term does not in- 11 clude services. 12
  5. Are Payment Logs Required?

    There is not a FAR/DFAR requirement as noted by others in the thread but the FAR does provide the following guidance (see below). Noting the FAR wording it is not a requirement but again guidance. Within the same subsection of the FAR the guidance provides that there can be cross reference in the “Contracting Office contract file” to documents filed elsewhere. As noted in this thread the move to electronic payment tools and databases has probably replaced the need for your office (aka the Contracting Office) to follow "just how we have always done it” and to make a simple cross reference to where the detail on payments is now stored (“contract paying office”) which would meet the guidance intention. I say this noting that it would be hoped that your agency’s payment system documentation requires retention of the payment information consistent with the retention of contract records after completion and final payment is made for a contract. See FAR 4.805 for the guidance on retention. Armed with this basic information and a little more detail research effort on your part in researching your agency FAR supplements and policy on contract records you might consider proposing an alternative to the spreadsheet which appears to be duplicative effort. “4.803 -- Contents of Contract Files. The following are examples of the records normally contained, if applicable, in contract files:…… (c)Paying office contract file. (1) Copy of the contract and any modifications. (2) Bills, invoices, vouchers, and supporting documents. (3) Record of payments or receipts. (4) Other pertinent documents”

    Found the below....looks like a conversation with the company will help sort out what is going on, recommend you call them. PGI 204.1870-2 Maintenance of the CAGE file. The following information and procedures are provided to assist contracting officers. (a) Assignment of CAGE codes for entities located in the United States or its outlying areas. (1) CAGE codes are assigned per legal entity at individual physical addresses (i.e., the same entity at the same physical address will not be assigned two or more CAGE codes). The only exception to this rule is when an entity has a registration in the SAM with multiple EFT addresses identified by multiple DUNS+4 numbers. In this case, each DUNS+4 number record is assigned a separate CAGE code to assist in correct processing of payments.
  7. This suggests that you would check with regard to some specific contract actions...... FAR 9.405-1 Continuation of current contracts. (a) Notwithstanding the debarment, suspension, or proposed debarment of a contractor, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head directs otherwise. A decision as to the type of termination action, if any, to be taken should be made only after review by agency contracting and technical personnel and by counsel to ensure the propriety of the proposed action. (b) For contractors debarred, suspended, or proposed for debarment, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not— (1) Place orders exceeding the guaranteed minimum under indefinite quantity contracts; (2) Place orders under Federal Supply Schedule contracts, blanket purchase agreements, or basic ordering agreements; or (3) Add new work, exercise options, or otherwise extend the duration of current contracts or orders.
  8. Invoicing

    So, Sal I suggest that you call the CO and ask……. Are you not paying my invoice because you (the CO) have not completed the paperwork and process to obligate the money in “the system” that would allow payment and that you (the CO) will pay my invoice when you (the CO) have completed that process or is there another reason you (the CO) are not paying? Like Vern says if there is not another reason then don’t sweat it, if there is another reason then you will know what to do.
  9. Basic Question

    Jon - Have you read this..... https://www.gsa.gov/cdnstatic/General_Supplies__Services/OGP_48002I_Oct_2017.pdf
  10. Remember a contractor is responsible for compliance with SCA. Absent a national wage determination (as noted in this thread), and/or a wage determination for a specific location where work will be performed a contractor should ask for a wage determination for the area where the work is being requested and then verify it is the appropriate one.
  11. DPAS

    With regard to the logic mention in a couple of posts - It would seem to me that the 15 CFR 700.8 should be considered...... "Person. Any individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof; or any authorized State or local government or agency thereof; and for purposes of administration of this part, includes the United States Government and any authorized foreign government or international organization or agency thereof, delegated authority as provided in this part." And then the logic is this read if 15 CFR 700.13..... The Government placed an order with a person (prime), who accepted the order and in turn placed a order with a supplier (person), the supplier accepted the order and delivered (partially?), now the person (prime) placing the order with the supplier is unwilling to meet regularly established terms of payment and therefore delays the delivery of further items. The person (supplier) informs the customer (prime) of the interruption and informs the prime that the new delivery date will be when the supplier receives payment in accord with established terms of payment in the supplier contract.
  12. DPAS

    Fara – No expert by any means ....... 15 CFR 700.13 (c)(1)provides for optional reasons for a supplier to reject or otherwise not comply with an order - including payment matters. In your scenario the order has been accepted but delivery compliance is now potentially delayed. Is the delay due to regularly established terms of payment? If so does not 15 CFR 700.13 (d)(3) provide direction on what the next step is? This approach seems to be supported by the Q and A found on page 37 of this document discussing compliance with order. https://www.bis.doc.gov/index.php/documents/other-areas/strategic-industries-and-economic-security/1615-dpas-training-slides/file
  13. Section 809 Panel Meetings

    If you do not get an answer here you might try this..... Are the panel meetings open to press? Press may attend the panel meetings only during open sessions. During closed sessions, the press will have to leave the room. If you have questions, please contact Shayne Martin at 703-571-3274 or send an email to Sec809@dau.mil.
  14. SF 1449 Block 29

    Here is another discussion thread that is not completely on point but does discuss quotes versus firm offers. It might help.....
  15. Every time I read this discussion thread relating to tj’s questions I have talked myself out of posting except for this time. These are the facts per the posts by tj. - Order against a GSA OASIS contract (large business). Not a T&M order. Performance Based Work Statement. These are tj’s questions along with my response– Q. Can I ask contractor to bill the government based on actual hours worked? The payment clause of the parent OASIS contract must be considered. Pursuant to the OASIS Contract at Clause 552.232-1 Payments (Deviation) Para. (a) it is stated that a contractor does not have to invoice, but that the Government must pay at the end of a service period. Unless tj changed this requirement in the specific order tj could “ask” the contractor to “bill” tj with the mentioned detail but the contractor does not have to comply. I agree if other terms and conditions in contract ask for the detail on hour usage that it would need to be provided but not necessarily as an invoice/bill. How shall COR monitor this contract? Monitoring should follow the metrics, measures, and/or plan (QASP) dictated in the PWS/SOW . If none are stated I highly suggest that the Government determine what their quality control monitoring will include so that the contractor can fashion their quality control plan to, at a minimum, monitor the same elements of work. Measuring the what of contract performance can be changed at any time. I know some criticize Performance Based Acquisition but its concept is a fact of life as well as its use in any form even if by name only. I suggest tj visit the following website to help on the monitoring aspect especially as discussed at Steps 5 and 7. https://www.acquisition.gov/seven_steps/step5.html Q. If the contractor proposed 10 personnel monthly for certain hours, but they only provide 9 people and less hours than they proposed, Are we (government) still pay the proposed monthly price? A. Other responses have already addressed this and hopefully my above responses help add details for consideration.