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  1. Thank you both so much for taking the time to educate me. I was hoping this kind of language was available but didn't know where to look. Summerlady51
  2. We purchased a simulator for over $20M and had it built to our specifications. The vendor delivered the simulator to our site and we went over the functions for the initial tests to make sure that it was up to specs. It is entirely normal when a simulator is transported to have some things shake loose. The government and vendor make a discrepancy list which the vendor has to address before he is paid in full. If the simulator is substantially complete but we can't perform final tests on it until these items are fixed so we process a conditional acceptance but the final payment is withheld until the discrepancies are corrected. I have someone pulling the contract for me now. I know that being a non-contracts person means I'm not using your terminology and I really appreciate the help. This vendor was given extensions for which the government received concessions. I was approached about another extension to correct the deficiency items. From my perspective, we can't declare him in default but can you explain what the purpose is in officially giving him time to correct the problems especially if they are small? I'm looking at the impact on workload to process the documents vice the law as it relates to contracts. Isn't the vendor going to eventually receive payment in full when he jumps through this last hoop? We will have to go back to the funds grantor to get an extension on their funding document before we can give our contracting department a request for the amendment. By the time all the hoops have been jumped through, the vendor will be done. That's why I'm asking. When do you have to do an amendment?
  3. Vern, Could I ask you for some clarification. I'm not a contract specialist but I'm policy and I have a question about whether it is a requirement to extend the work completion date if the contractor has delivered the non-severable item ordered and is working on clearing his discrepancy list. Apparently when transporting systems, it is not unusual to have little things go wrong. I think we're talking things like replacing a light that isn't working and an electrical component that is "iffy". The item has been technically accepted by the project manager but has not reached the standard needed to declare it fully operational. What is the requirement in that kind of situation?
  4. I know you are going to think I've lost my mind but I need some help. If a project manager allowed a vendor to write the statement of work for a contract that was later awarded to the same vendor, is there a violation of law, rule or regulation? Thanks and be gentle because I feel so stupid that my brain has just shut down on me! Candy
  5. She's just "that kind of person". I agree that some things aren't law or regulations but are a logical extension of things that are in the laws and regulations. I've been dealing with this same issue with the same person for years. As a Financial Policy person I find it totally logical that a project could go sideways and need an extension. That doesn't even seem foreign to me. She doesn't want to terminate the contracts that have this kind of issue but she wants something in the regs that says it is okay to do this. I've pulled some information and written it up but wanted to check with the experts also. Thanks.
  6. I find myself in need of the expertise of the Contracting folks. I have a request for research and citations concerning no cost extensions of the Period of Performance on a non-severable contract. I know that a no cost extension is allowable on a non-severable contract provided both parties agree that extra time is required to complete the project. I need to find "official" "legal" language to support these actions for our Budget Officer. Thanks in advance, Summerlady51
  7. I'm not sure how this qualifies as a non-severable service. I'm also not sure the appropriation being used by your customer to fund this but that is also pertinent. Since this appears to be a production oriented charge, it (IMHO) can't qualify as non-severable. In which case your customer shouldn't care about price increases since they would have to fund out of current year money for the next iteration of services. Does that make sense? Let's assume that they are using Operations&Maintenance funds, then they are entitled to not more than 12 months of services and I believe it should lock in at the price at the time the contractual vehicle is put in place....but then I'm not an 1102 so take this for what it is worth.
  8. My thoughts exactly. The CompGen Decisions I cited previously should provide sufficient information.
  9. Vern, I finally have a copy of the "white paper" I mentioned. It is in fact a memorandum authored by one of our attorneys. It is labeled as confidential attorney/client work product so I don't think I can post it. However, I'm comfortable paraphrasing from it to get you the information.
  10. Sometimes the silliest ideas spark something wonderful. I worked in an office where management treated us like robots and morale was very low. Rather than wallow in it, I did something really goofy thinking it would lend a day of levity. I bought some gold stars and every time I caught something doing something right or productive or kind, I gave them a gold star and told them I appreciated them. Oddest think happened. People started coming to me to get stars so that could appreciate a co-worker. It really caught on! Who would think that adults would embrace something like that? So even if it's silly, give it a shot even if it's you looking at yourself in the mirror. Because after all, that is who you really answer to - the person in the mirror.
  11. LEO1102 - I feel ya. I'm in the same situation. I tune into a regional Christian music station and plug into the headphones. Am I allowed to say Christian on this site???
  12. Just tossing in my opinion from a financial perspective. Yes, the COR should have known he/she couldn't speak for the CO. And the contractor's representative should have known that the COR didn't speak for the CO. But, I'm afraid that in the past I've put the absolute fear of God into the COR by telling them that they could cut a personal check for the amount. Usually the CO/Agency and the contractor work something out that is reasonable especially if the Government received good/services and the benefit from them. But that COR NEVER did the same thing again. I have a list of the people in my agency who have been delegated the authority to obligate government funds. When we do training, I tell them that if your name/position are not on this list you may not speak for the Commanding Officer.
  13. If the unit is providing training because they are changing something and the contractor can't possible be already trained in the topic - i.e. new accounting system, then the unit will incur an unplanned cost with their appropriated funds. The contractor will cut a check to reimburse the unit for the necessary costs. The unit will process a cash collection and cite the line of accounting where the charges originally occurred in order to make their appropriated funds whole. These type of things fall into categories and not all of them are augmentation of your appropriation. If you collected funds where you never incurred a cost against your appropriaton, that would be augmentation. You can received funds either by receipt, reimbursement or refund. Only receipt needs to be deposited as a miscellaneous receipt to Treasury. The others are collected back to make your accounting books correct.
  14. If you could tell me what you are supposed to buy specifically, I probably could help. Bona fide need can be a tricky thing. The items you need now are definitely a need of FY14. Assuming you are using annual funds and assuming you have historically purchased the items you need now and those you need later, the patterns you have executed in the past become pertinent. What if you get better pricing if you buy xxxxx number of these items? Or what if your usage rate is squirrelly and therefore you have to buy more because you can never, never run out of the item so you have to overstock to your highest usage rate even if you don't use it this year. Still it is a bona fide need. So tell me the rest of the story. Leave out the pressure you are getting and stick with the facts that you know about what you need to buy and why you think the items that aren't required until FY15 are being purchased.
  15. Who is the Comptroller that has cognizance over the funds? I'd start with them. In the beginning, they have to certify that the funds are available for obligation for the purpose stated. At the very least, have the Comptroller sign off on a Memorandum for the Record with that certification on it. If the Comptroller is willing to take the fall based on the Legal read, you hands should be clean. You can, of course, go over their heads. I'm not sure where you fit into the mix so I don't know the chain you would use. If the funding belongs to your command that is one thing. If it belongs to Public Works and the Legal you are speaking about is the Legal for Public Works and you are the Contracting for Public Works, the answer changes. More info would help.
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