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  1. Leo1102, the contract is FFP. My KO wants me to place a PO against the manufacturer and not my KTR. The current contract is expiring shortly and the KTR is not performing to standards. It does bring up a challenge as we are training a KTR employee that could jump ship anytime but the standard practice is that whichever next KTR wins the next contract, generally picks up the KTR employees who were the incumbents. If the G&A + travel costs go over the JTR, would that be acceptable? I thought we were not allowed to go over government per diem rates.
  2. Good morning, I'm in a situation where I need a contracted employee to attend a required training that will be taught by a third party contractor. Background: We awarded a service contract for medical professionals that is not under any CLASS/MASS contract. Originally, the contract did not require the contracted employees to be trained to use a specialized medical equipment but recently, the hospital received a new state-of-the-art machine which requires specific training for this item from the manufacturer (the third party). Unfortunately, we do not have any military or federal employee to fill this 'skilled' position thus a contracted employee is the only person who has the original credentials to obtain this training. We plan on creating a purchase order against the manufacturer directly to train our contracted employee but our incumbent contractor feels that this is not legal. I asked our contractor to cite what exactly this would be in violation of but have not received an answer. I am concerned as this training is not originally in the PWS thus possibly not enforceable but this training is required for the employee to do their main job. Question: Can we create a purchase order directly to the manufacturer to train our contracted employee? The other option was to modify the contract and PWS to include the training and have our contractor negotiate with the manufacturer but we perceive our contractor trying to add G&A to this as well and the cost of the training may not be as low as we are receiving due to the Government discount for directly placing a PO against the manufacturer. Also, we are paying for their travel, lodging, etc according to the Joint Travel Regulations. We cannot tell the contracted employee to stay at whichever hotel or what flight to take thus we leave it up to our contractor to provide us with a quote on the travel. The contractor wants to add G&A on top of the JTR rate which I do not believe is acceptable. Question: Can the contractor add G&A on top? I found an article with the similar situation but it does not say how they procured the training http://www.articlesb...overnment-contractor-training-591237.html
  3. I have recently inherited a Clinical Acquisition Support Services (CLASS) contract for medical personnel. CLASS is a new concept to me as well as service contract administration. The CLASS system streamlines the award process for medical staffing services because the Air Force has determined that the proposed 22 contractors are 'qualified' at providing staffing needs. Due to a court case which I'm unfamiliar with, an award was made to Contractor A for 1 calendar year of performance. One of the stipulations of this award was that no modification can be done to increase hours worked on this contract thus no extra funds can be added that was not negotiated prior to the award and that at the time of the award, we did not have sufficient funds to fully fund the whole year thus we incrementally funded the requirement IAW DFARS 252.232-7007. Due to the rush of this award, the hours awarded in this contract was miscalculated by the customer and thus awarded insufficiently. The PWS calls for medical staff positions to work 40 hours a week and let's say we have about 30 working weeks left which will be about 1,200 hours per Full Time Equivalent (FTE, (40 hour worker)). The contract is now fully funded but the vendor has discovered an issue. 10 FTEs hours have only 6,000 hours left on the contract. In order for these FTEs to work 40hours a week for 30 weeks, they required 12,000 hours. We cannot modify the contract to increase the alotted hours and Contractor A has to conform with the PWS to keep the workers working 40 hours a week. At this rate, Contractor A will run out of hours at week 15 and will not be able to fufill the other 15 weeks. Contractor A has notified the Government in advance that 85% of performance will be reached prior to 90 days of when the work will reach the point at which the total amount payable by the Government IAW DFARS 252.232-7007© The vendor does not know what to do because they feel the PWS is preventing them to decrease the hours worked by employees to meet the 30 week timeline and at the same time, if they decrease their employees hours by half, the customer and the contracted employees will be irate. "© Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT"
  4. I'm currently a 6C0 (Contract Specialist) in the Air Force and I have about 11 months until I get out (or re-enlist). I would like to stay within the contracting field but looking from, I don't seem to qualify for a 11-02 position even at GS-9. Every Federal agency has different requirements but for the most part, they are very similar. I will be receiving my CCAF (Community College of the Air Force) in Contracts Management shortly and have my level 1 in contracting and have already been trained in level 2 unofficially. One of my co-workers who was ex-military entered the civilian 11-02 position in 2003. He was a prior 6C0 I believe. I'm not sure what the exception was called but active duty military who are in contract specialist positions are waived from the requirements of having a 4 year degree; With this in mind, could I apply to a 11-02 position while I'm active duty and take the position once I'm separated from active duty since the hiring process could take 6-12 months from now. Is there any other way that I could enter the contracting workforce without a 4 year degree? I intend on finishing up school but would like to keep a full-time job doing what I have been doing for the last 3 years. The DoA and DoD have slight differences in the requirements listed below. Department of the Agriculture - MINIMUM FEDERAL QUALIFICATION REQUIREMENTS: Grade 09: BASIC REQUIREMENTS A. Successful completion of a full four-year course of study leading to a bachelor's degree with a major in any field. OR B. Successful completion of at least 24 semester/36 quarter hours in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management. OR C. EXCEPTION: Employees in GS-1102 positions will be considered to have met the basic requirement for positions they occupy on January 1, 2000. Employees who occupy GS-1102 positions at grades 5 through 12 will be considered to meet the basic requirements for other GS-1102 positions up to and including those classified at GS-12. ADDITIONAL EXPERIENCE REQUIREMENTS In addition to meeting the basic entry qualification requirements, applicants must have one (1) year of specialized experience at or equivalent to at least a GS-7. Specialized experience is experience which is in or directly related to contracting work and which has equipped the applicant with the specific knowledge, skills, and abilities to perform successfully the duties of the position to be filled. SUBSTITUTION OF EDUCATION FOR EXPERIENCE The experience requirements for the GS-9 level may be met by successful completion of two (2) full academic years of progressively higher level graduate education in an accredited college or university, in one or a combination of the following fields: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; OR master's or equivalent graduate degree; OR LL.B. or J.D. COMBINATION OF EDUCATION AND EXPERIENCE An appropriate combination of successfully completed education and experience may be used to meet the total qualification requirements. //******************************************************************** //******************************************************************** Air Force Material Command - BASIC EDUCATION QUALIFICATION REQUIREMENTS: (Must Submit Transcripts With Application) Bachelor's degree from an accredited educational institution authorized to grant baccalaureate degrees AND at least 24 semester hours in business-related courses in any of the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management. (This requirement can be obtained within the degree or in addition to the degree). NOTE: The education requirements listed above apply only to individuals entering DoD 1102 positions on or after October 1, 2000. Current members of the armed forces and Current DoD employees are exempt from the basic requirements if they: 1) Served as a contracting officer with authority to award or administer in excess of the simplified acquisition threshold on or before 30 September 2000; 2) Served on or before 30 September 2000, in a position as either an employee in the 1102 series or as a member of the Armed Forces in a similar Contracting Officer Positions. AND SPECIALIZED EXPERIENCE: You must have one year of specialized experience at a level close to the work of this position that has given you the particular knowledge, skills and abilities required to successfully perform. Typically, we would find this experience in work within this field that is closely related. To be creditable, the specialized experience must have been equivalent to the next lower grade level (GS-07), pay band or equivalent. Specialized experience is described as basic knowledge of the legislation, regulations, and methods used in contracting; and knowledge of business and industry practices, sources of supply, cost factors, and requirements characteristics.
  5. Well i talked to a KO and I received some clarification. There are these two main medical companies that provide a product for heart surgery supplies. The hospital chose to buy one product over the other in accordance with AFI 41.209 para 4.10 "To save a life" which they have authority to purchase a product without base contracting. They submitted a sole source letter after the fact one day from the emergency surgery. The issue is that it isn't a sole source since two companies provide the product. Because of that, I figured that FAR 6.302(a)(2) would justify it. "When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for." I pointed out the bolded part to a KO and she said that the surgery is already done, why re-invent the wheel and do extra work with a J&A for urgent and compelling when it can be done as a sole source. I argued it isn't a single source though, urgent and compelling would allow us to limit competition to go directly to one company just like how the hospital did. AFI 41-209 4.17.4 4.17.4. Urgent and Compelling Requirements. Preparation of a J&A for an Urgent and Compelling requirement is similar to a Sole Source J&A except that it must: Identify what serious injury the government will experience if the need is not fulfilled immediately (e.g., physical, financial or other). Contain a required delivery date. A J&A for an Urgent and Compelling need may be done after-the-fact for procurements that do not permit time for J&A preparation. See your contracting activity for details. So lets say if it was a single source, what authority would give us the ability to not synopsize this requirement under FAR 5.202?
  6. The office has setup numerous BPAs with these medical companies but some of the products exceed the call limit. The reason they have to have replace the inventory immediately is that in the event of another emergency surgery of the same type, they would have the product on hand to rush into surgery with. I believe it is in the hospital's regulation somewhere. That I have not until now. This has answered my inquiry, I'll forward this information up. Thank you.
  7. Sorry I was in a rush, I had to head out of the office before re-reading my post or explaining it thoroughly.
  8. Part of my office's mission is to support a well known hospital for the Air Force. Hundreds of emergency surgeries are done at this hospital in which some of the products purchased are in excess of $25k with very little advance notice. Due to these purchases being emergency surgeries, the requirement cannot be synopsized as some patients require the product within the day. I was looking in FAR 5.202(a) for exceptions to synopsizing but I couldn't really determine any that fit. The closest that seemed to fit was FAR 5.202(a)(2) (2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; This sent me to FAR 6.302-2(a)(2) (2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. I was told that "such an unusual or compelling urgency" does not apply to this. I guess that this is not on a scale of national level of emergency that it does not apply. The hospital's authority to purchase these products are under Air Force Instruction (AFI) 41-209, para 4.10.1 "When necessary to save life or prevent suffering, the MTF commander or other competent medical authority may direct purchase of emergency medical supplies without the prior involvement of base contracting." This seems to conflict with me. I don't really see any other way but this doesn't necessarily sound legal in terms of the award process.