Jump to content
The Wifcon Forums and Blogs

Vern Edwards

Members
  • Content count

    8,087
  • Joined

  • Last visited

Everything posted by Vern Edwards

  1. Vern Edwards

    new category of software rights

    Thanks for the explanation. I admit missing the citation of 52.227-15. But until you get the government's explanation, I think it's too early for laughs or tears.
  2. Vern Edwards

    new category of software rights

    @Fara Fasat I think you should explain to us why we should smile or weep. See DFARS 227.7203-5, Government rights. Note the bolded text.
  3. Vern Edwards

    new category of software rights

    Is the agency part of DOD?
  4. Vern Edwards

    Multi-year Service Contracts?

    Multiyear (multi-year) or multiple year?
  5. Vern Edwards

    Commercial Product Definition

    Yes, but it is also due to the fact that there were many thousands of such specs and industry complained that most were out of date because the responsible agencies did not have the resources necessary to update them.
  6. That's correct. That clause is also for contracts that call for performance by a particular person. The FAR coverage of personal services contracts is confused and confusing. You must distinguish (1) a contract between the government and a company under which the company allows the government to supervise the contractor's employees, which FAR calls a "personal services contract," and (2) a contract with an individual for his or her personal performance, which FAR also calls a "personal services contract." They are two entirely different things, but FAR does not make that distinction clear. Before you do anything else, I suggest that you download the 2007 Report of the Acquisition Advisory Panel to the Office of Federal Procurement Policy and the United States Congress. You can access it here: https://www.acquisition.gov/sites/default/files/page_file_uploads/ACQUISITION-ADVISORY-PANEL-2007-Report_final.pdf Once you have it, read the section entitled, Personal Services Contracts, pp. 400 - 404. The panel discussed the history of the FAR personal services contract coverage and reported that the FAR coverage was off base. It looks like the National Defense Authorization Act for Fiscal Year 2019 may be launching steps to clarify that coverage. See Title VIII, Sec. 820. Until then, you should inform yourself. Also, the distinction between the two types of "personal services contracts" was discussed by Peter J. Ritenburg, Assistant General Counsel, United States Information Agency, in an article entitled, Contracting for the Services of Specific Individuals: Avoiding "Personal Services Contracts", which appeared in the February 1996 edition of The Nash & Cibinic Report. If you are going to write a contract for personal services, you must understand the distinction between (a) "personal service contracts" that allow the government to directly supervise contractor employees and (b) "personal service contracts" that require personal performance by particular persons. Both are addressed in FAR 37.104 as though they are the same thing, but they are not. FAR 52.232-3 and 52.249-12 apply to the latter, not to the former.
  7. @rios0311 1. Yes. However, the different payment clauses must be associated with different contract line items (CLINs). See FAR Subpart 4.10. For example, you can have a contract with a single statement of work that specifies different kinds of tasks. One task might be priced on a firm-fixed-price basis and be associated with the clause at FAR 52.232-1. The other might be priced on a T&M or L-H basis and be associated with the clause at FAR 52.232-7. So you would have one CLIN and payment clause for the first task and another CLIN and payment clause for the second. 2. Yes, but if FAR 52.232-3 applies, then you cannot also apply FAR 52.232-7 (or its commercial items counterpart at FAR 52.212-4 Alt. I). You cannot apply two payment clauses to the same CLIN, unless you establish subCLINs. The clause at FAR 52.232-3 prescribes payment on the basis of time worked, but it does not specify the unit of time. If you want the clause to work on the basis of labor hours and hourly labor rates, then you must prescribe hourly rates of payment. If you want to add materials, you must have a materials CLIN, prescribe the bases for payment or reimbursement, and include an appropriate payment clause. The clause at FAR 52.232-3 applies to contracts with named individual persons for their "personal" services, such as contracts with individual experts and consultants, as addressed in FAR 37.104(f). It does not apply to personal services contracts with organizations, as described in FAR 37.104(c). What kind of personal services contract are you planning to award? Maybe the clause at FAR 52.232-3 does not apply.
  8. Vern Edwards

    Barring Subcontractor

    I don't know the answer to that question.
  9. Vern Edwards

    Cost Allowability

    Thanks, Retread!!!
  10. Vern Edwards

    Barring Subcontractor

    Okay, everyone should understand that the FAR System does not apply to the Architect of the Capitol, although it relies on the FAR to some extent: https://www.aoc.gov/doing-business-aoc/overview Torey, I am not sure what you folks in the Architect's office can and cannot do in that regard. My advice is to speak with your office's attorney. I also advise you to ignore any legal advice you are given by anyone in Wifcon Forum.
  11. Vern Edwards

    Cost Allowability

    @Retreadfed Please point me to the specific words in 48 CFR 9904.405 (CAS 405) that will lead me to that conclusion---that unallowable G&A costs are to be included in a cost pool and allocated to contracts. I'm asking, not challenging. I find that a little confusing. How about this: One way to categorize costs is on the basis of how they are allocated to contracts. Allocation is a business decision that must be made in accordance with certain regulatory criteria. See FAR 31.201-4, "Determining allocability." See also CAS 402, 403, 410, 413, and 418. If a cost is allocated directly to a contract, then it's categorized as a direct cost. If it's allocated indirectly, then it's an indirect cost. If a cost is allocated through a G&A pool, then it's a G&A cost. If the costs are then determined to be unallowable, they are unallowable G&A costs. Unallowable costs must be accounted for in accordance with FAR 31.201-6 and CAS 405. Everyone must keep in mind that we are in the Beginner's Forum. I'm an old salt, and I barely understand this stuff. Communicate in complete statements and as clearly as possible. In other words, don't just say stuff, explain stuff. With specific references, please.
  12. Vern Edwards

    Cost Allowability

    It's not about you, Joel.
  13. Vern Edwards

    Barring Subcontractor

    @Torey Are you a government contracting officer or contract specialist?
  14. Vern Edwards

    Cost Allowability

    FAR 31.201-6(a): FAR 31.201-6(d): FAR 31.203(d): Emphasis added.
  15. Vern Edwards

    Cost Allowability

    H2H: Would it be correct to say that unallowable costs must be identified as such and excluded from indirect cost pools, but must remain in indirect cost allocation bases? Would reading FAR 31.203(d) be helpful to beginners? Emphasis added.
  16. Vern Edwards

    SAM Scam

    See this: https://www.ams.usda.gov/content/possible-scam-system-award-management-sam-email-notifications-third-party-companies Watch this.
  17. Vern Edwards

    Critical Thinking

    MITRE Corp. has published a new study: Critical Analytic Thinking Skills: Do They Predict Job-Related Task Performance Above and Beyond General Intelligence? Downloadable. 23 pages. Interesting. Offers good definition of critical thinking.
  18. Vern Edwards

    Business Development

    So what are you, a nanny? If that's what he/she wants that's what he/she wants. You can lead a horse to water... Nobody is debating with you. Why just prior to edits? 😂
  19. Vern Edwards

    Business Development

    That's been pointed out to the OP in various ways a bunch of times.
  20. Vern Edwards

    Business Development

    It means not specific. "Marketing" is general. "Researching the interest of the Air Force Space Command in funding our plan to experiment with new methods of controlling the timing jitter of mode-locked lasers" is specific. Yes, a molehill of a routine accounting problem that some of you are turning into a mountain. If I were Corduroy I'd walk away.
  21. Vern Edwards

    Business Development

    Some people want to shift this thread from the original question, which was in which of two pools BD is most commonly included, G&A or overhead. Now people want to discuss into which pool it should be included. I don't know if the OP is interested in that discussion. If he/she is interested, then you cannot discuss the issue intelligently until you know: the specific type of activity for which the cost was incurred or is to be incurred, the purpose for which the activity was or is to be undertaken, and the choices of pools available. And general descriptions will not be especially helpful. You need specifics. I suspect that by "business development" the OP meant selling costs. See FAR 31.205-38 and http://www.dcaa.mil/Content/Documents/sac/Chapter65.pdf
  22. Vern Edwards

    Business Development

    Here's the original question: Yes, the question mark is missing, but it is obviously a question: Into which of these two indirect cost pools is business development most commonly allocated: G&A or some overhead pool? That could be answered by one word or another: G&A or overhead. The OP was obviously clueless that the question called for speculation, since it's unlikely that anybody anywhere knows the truth, whatever it might be, about what contractors most commonly do. At least, no one has come forward claiming to know. My search for relevant references to "business development" in regulations, manuals, board decisions, and other published government contract reference sources found none. I presume it is a kind of marketing expense, but I don't know. That's why I didn't respond in the first place. Why respond if you don't know? Sure enough, the first answer was nonresponsive, which frustrated the OP: Annoyed by the OP's lack of apparent sense of entitlement and his/her lack of perceptiveness and thoughtfulness (I just want a quick answer!), I responded with "G&A." Short, to the point, and I think very likely correct, depending on what "business development" is. In any case, it satisfied the OP and we could have seen him off on his merry way, satisfied, but no wiser. But no. And now we get: Isn't that a nice how do you do? Wrong how? Does H2H know the correct answer to the question that was asked? No. And he has no idea whether my answer to the question asked was wrong. He has got not one bit of data. And why isn't one word a "general answer"? But unable to answer himself, he wants to take pot shots. And that after posting nothing but unsolicited cryptic tutorials.
  23. Vern Edwards

    Business Development

    I wasn't trying to be correct, whatever that might mean in this case. I was trying to give him what he asked for.
  24. Nena, similar to what? Think about it. We don''t even know what KIND of product or upgrade you're talking about. Fasteners? They're in everything. Microchips? They're in almost everything. I can understand your desire to keep information in confidence. So you're just going to have to go do some research on your own.
  25. Vern Edwards

    Business Development

    @here_2_help and @joel hoffman You guys are just jealous because, despite my legendary (please take note) acerbity, I gave him what he asked for.
×