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About jwomack

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  1. Agree with GAO except where they implied employees could wash their dishes with the bottled water.
  2. CPARS comments

    If you're with a small business then I recommend asking your SBA rep for help. If you're greatly concerned you may want to seek an attorney's assistance. Otherwise you could just ask the CO of record to help.
  3. Ethics and Transparency

    Yes. Yes, but it varies depending on where you work. Different places have different cultures. Your general observations are not unique to the federal contracting community. I’ve seen the same in the military and private industry, neither of which had anything to do with federal contracting.
  4. Invoicing

    KOs can verbally authorize additional work for 52.212-4 contracts. But the authorization would only be considered an offer made by the Government and not a change in the contract’s terms and conditions (and therefore not payable). Doubtful but also possible, there could be language in the Task Order or underlying contract pre-authorizing and agreeing to certain verbal changes.
  5. Privatization

    It looks like the author considers privatization to mean outsourcing to a non-governmental entity. I agree with this definition. It's unclear if the author thinks all government business is inherently governmental. I believe we should privatize whatever is not inherently governmental but only when doing so is in the people’s overall best interest.
  6. IDIQ Decision

    Comparison to what is proper. “Weakness” being a polite word for incompetence.
  7. IDIQ Decision

    As an auditor, would it be wrong to only review acquisitions made in September? It may be statistically skewed but the weaknesses would certainly be identified.
  8. Navy SeaPort is/was the same way at least a few years ago. If the contractor met minimum standards they got a contract.
  9. Court Order and the FAR

    Good articles. A reminder that the three Branches of Government are separate but must strive to speak in unison. Sometimes established processes need to be questioned.
  10. Court Order and the FAR

    Longer than many folks want to invest. Agree with all the input and thank you.
  11. Court Order and the FAR

    Vern, Imposed. Agree. I'm a government KO trying to determine the boundaries I have to work within. Joel, Agree but am hoping someone can help me find a loophole if there is one that's reasonable. Sometimes in the legal community things happen relatively quickly and it can be highly inconvenient to the Attorneys if forced to follow normal acquisition protocols.
  12. Court Order and the FAR

    Yes, unless the Court Order explicitly states otherwise, the agency has discretion on how to satisfy the Order. Issuing a PO or using a GPC or other procurement authority is current practice when external help is needed. I’m trying to determine if, when doing so, the agency must follow FAR. For example, if a government employee commits what would ordinarily be considered a UC in trying to satisfy a Court Order, would that action be subject to FAR 1.602-3 ratification procedures? The answer is probably yes but I’m looking for a loophole. Like, “Though not directly with the vendor, the Court established the obligation on the Government by way of issuing the Court Order. Therefore, satisfying the Court Order is considered a mandated legal process and a FAR procurement vehicle is not required.”
  13. A federal judge issues a Court Order. The Court Order requires an Executive Branch government agency to perform an action in which a 3rd party commercial vendor must be involved. The agency is expected to identify and establish whatever relationships are necessary with vendor(s) to satisfy the Court Order. This includes paying the vendor with the agency's funds for any services rendered. The Executive Branch agency is subject to FAR. An example of this would be if the Court ordered DOD/DOJ to perform a psych exam on a defendant. This would, in turn, require DOD/DOJ to enter into a relationship with a commercial entity such as a hospital or doctor. Who incurred the obligation on the Government? The Court? The Executive agency? Would the agreement between the agency and the vendor be considered an acquisition subject to FAR?
  14. Ability to effectively communicate with and assist the program office, especially pre-solicitation. And this -
  15. Kickstarter and the GCPC

    Not if the Government only receives benefit comparable to its cost.