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Vern Edwards

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Everything posted by Vern Edwards

  1. I'm not saying any such thing. I'm saying that the contractor is obligated to perform in accordance with the terms of the contract and must make provision to do so. How they do that is generally up to them unless the contract provides otherwise.
  2. When I was a cop in L.A. in the late 1960s, two officers were shot down in a confrontation with some criminals. My partner and I were the first on the scene. One had been shot in the head and the other had been shot in the groin. The cops were taken to L.A. Central Receiving Hospital. It's not likely they knew the receiving doctor or the surgeon. Both survived to tell the tale and work again. When I was soldier in Vietnam in the mid-1960s, I knew several men who had been badly wounded and medevaced to a hospital at base camp and then on to another hospital, and then another. Most of them survived their wounds. I doubt that any of them knew any of the doctors who worked on them. You're reaching, REA'n Maker, far beyond your grasp.
  3. ji20874 said "a physician." There is a difference between contracting for "a physician" and contracting for Dr. Ben Casey, M.D. Whoever issues licenses to practice medicine in the jurisdiction in question.
  4. Are you sure the clause is 252.204-7011? In the current DFARS that number is reserved. Do you mean 252.204-7012? You're a lawyer. The clause requires reporting of a cyber incident within 72 hours of discovery of the incident. Late reporting would be a breach of contract, wouldn't it? There are no "penalties" for breach, but there might be damages arising from untimely reporting, mightn't there? Might payment of compensation for damages be an adverse consequence, not to mention a poor past performance rating?
  5. It's found in tanks, in submarines, in airplanes, in automobiles, in desktop computers, and in spacecraft?
  6. Vern Edwards

    Business Development

    "Business Development"? G&A. That definitive enough for you? Hope that helps. BTW, did you know that the term "business development" does not appear anywhere in the FAR System as a cost allowability issue, or in the DCAAM? The only mention of the term in the FAR System is in connection with SBA's 8(a) program. Karen Manos does not mention the term in Government Contract Costs & Pricing. Anything else? You know, you can always pay for help.
  7. Vern Edwards

    SAM Scam

    It's there to let members know. I don't recall the source of the video. But I received a text from "SAM" yesterday telling me to contact them immediately. My assistant called the number, 703 area code, and heard the same spiel, almost word for word. They wanted $400 to register us. It was a scam. Delete my OP if you like. The SAM scam is alive and well.
  8. Vern Edwards

    Leadership

    The article to which I provided a link was about military leadership. I know what leadership means in a military unit. It means being like James M. Gavin or Marcel Bigeard. But I'm not sure I know what leadership means in an administrative bureaucracy. To me, a leader in an acquisition office is primarily a teacher, as well as being a manager. True leaders are fonts of knowledge. In order to be a leader you have to be a scholar of your field. Leaders master concepts, principles, and rules. They teach processes, procedures, the tricks of the trade, and the facts of professional life. They know how to get things done. They teach those things to the people who work for them. They teach them how to think professionally, to read, to write, to speak, to analyze, to argue, to quit arguing, to prioritize, to negotiate, to deliberate, to decide, and, generally, how to survive and prosper. They know how to encourage people and when to give up on people. https://hbr.org/2018/01/the-best-leaders-are-great-teachers You might not love a leader, because a leader is demanding, and isn't always nice. Not all contract specialists will love the office head who makes them revise their PNM four times---not to make it say what the leader would say, but to say what it should say and to say it better. But the future leaders among them will. https://www.elevatehp.com/the-hated-leader-you-cant-handle-the-truth/ Great leaders must be willing to be hated. I wouldn't give a d*** for a "leader" who wants to be loved. Of course, not everybody likes a leader, which might be we don't have more of them.
  9. Vern Edwards

    Leadership

    Interesting article in Air Force Times: https://www.airforcetimes.com/opinion/commentary/2018/07/31/commentary-the-air-force-is-not-designed-to-produce-good-leaders/?utm_source=Sailthru&utm_medium=email&utm_campaign=ebb-8-1&utm_term=Editorial - Early Bird Brief My favorite quote:
  10. Vern Edwards

    Leadership

    You are right that clear communication is important. So please explain how the composition of the population ("demographics") of the profession explain the number of emails. What is the cause to effect connection between the composition of the population and the number of emails?
  11. Vern Edwards

    Leadership

    Maybe the bosses focus on emails because that's easier than thinking about how to lead. But why do members of the team send the boss so many emails? Don't they know how to do their jobs?
  12. Vern Edwards

    Leadership

    Huh?
  13. Vern Edwards

    GSA - Under SAT - LPTA

    Good grief. 😂
  14. Might as well quote the entire GSA comment. Here's the rest: Emphasis added.
  15. Hmmm. Well, I think that by FAR definitions the work orders are subcontracts, the affiliates are subcontractors, and the subcontract clauses should have been flowed down to them somehow. If I'm right, and I'm not altogether certain that I am, then you have the answer to your question. But since you are advising the prime (Is that right?), if I were you I'd ask the prime what their analysis is.
  16. Did the prime enter into written subcontracts with them? If so, did it flow down clauses as required?
  17. Vern Edwards

    Consideration in exchange NCE?

    Something I don't think we explained in that thread is that waiving the delivery date simply means doing nothing when the contractor defaults. It's not a contract modification, it's just doing nothing about it when the contractor fails to perform on time. That's why you don't need consideration when you waive a delivery date.
  18. Vern Edwards

    Consideration in exchange NCE?

    Similarly, when the government issues a change order that increases the time required to perform, and the parties enter into a supplemental agreement to equitably adjust the period of performance, no additional consideration is needed, because the change order and the equitable adjustment were done pursuant to the terms of the original contract.
  19. Vern Edwards

    Consideration in exchange NCE?

    No. Recognition of excusable delays is usually provided for by a contract clause and does not require consideration, because the government isn't giving up something to which it is entitled. When a contractor has experienced an excusable delay it is entitled to a time extension pursuant to the terms of the original contract. See Administration of Government Contracts, 5th ed., pp. 487 - 521.
  20. Vern Edwards

    Consideration in exchange NCE?

    I don't know about any urban legend, but you have been misinformed.
  21. Unless agency policy or the CO's warrant says something different, the contracting officer's obligational authority must be sufficient to cover only the minimum quantity or amount, since that is the amount being obligated at the time of contract award. No obligation is made up to the maximum quantity or amount at the time of award. Subsequent obligations up to the maximum quantity or amount are made when individual task or delivery orders are issued.
  22. Vern Edwards

    Consideration in exchange NCE?

    See Aviation Contractor Employees, Inc. v. U.S., 945 F.2d 1568, 1573 (Fed. Cir., 1991):
  23. Vern Edwards

    Consideration in exchange NCE?

    You might point out to your director that if the contracting officer signs an extension mod without obtaining adequate consideration the contracting officer's boss, the boss's boss, or a new contracting officer could refuse to honor the extension after the fact on the grounds that the contracting officer who signed the mod did so without proper authority.
  24. Vern Edwards

    Consideration in exchange NCE?

    The FAR states no such requirement. The requirement for consideration is a requirement of the American common law of contracts. See Restatement of the Law, Second, Contracts, Chapter 4, Topic 1, The Requirement of Consideration. See also Administration of Government Contracts, 5th ed., by Cibinic et al., p. 11.
  25. I say again: The user. The fact that the government as a whole has multiple and conflicting objectives does not change the answer to the question you asked. When you lose focus on the party that you're working for, you've lost everything. That does not mean that you cannot establish production metrics, just that you cannot let them get in the way of the mission.
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