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HeyGuy

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  1. Hey Vern or any other reader, I am looking for some particular words of wisdom from Vern... it was probably a 2 pager that talked about working in the acquisition workforce. Specifically there was a part about being a professional and that a lot of people you will come into contact during your career will not be professionals. I have a few new "go-getter" employees that are struggling to adjust to some of the government slugs that work around them. I was hoping to share that document with them. I have searched and googled and can't find these words of wisdom. Any help would be appreciated. Thank you.
  2. I searched and read on all of the WD threads but I couldn't specifically find one that answered my specific issue. The issue is this. I incorporate WD's annually, ordinarily with the exercise of an option. So let's say I incorporated the new WD on 1/1/15, but as we know most WD's are updated in June. So this WD was updated in June of 2014. What is the effective date of the WD as far as my contract is concerned? The date it becomes effective on DOL or the date I incorporate it into my contract? What is the contractor's responsibility to follow and pay retro adjustments to? What is the Government's? Thank you in advance for your response.
  3. Thank you for all of the helpful feedback. I was in fact referring to cost overrun situations as "true-ups", I apologize for the confusion. BUT there have been some instances here where we will fund a cost-overrun with prior year "expired" funding. Vern, are you saying that is incorrect? Also, I fully understand that an increase to the contract ceiling/value would require us to apply current year funds (jwomack's response above); however, what I think I'm hearing from Vern is that any "incremental funding" applied on a severable service contract that slips into the next fiscal year must be "incrementally funded" with a funding source that matches the year in which the modification for incremental funding is being issued?
  4. Thanks for your response. I am civilian. Occassionally we will get no-year funding (does not state a FY) or 2-year funding (so here it would state FY14 AND 15), and in those cases I understand they can stretch and be ogligated in the next year. But most of the time (99%) we are dealing with one-year O&M funds. So I guess my real question isn't what type of funding can be used, it's can we obligate old FY14 funding (with a one-year FY14 appropriation) come October 1, 2014 (FY15)? And if the answer is no, why is it acceptable at my agency in true-up situations to then give "prior year funding" to the CO, which again is tied to the specific FY you are dealing with (within 5 years obviously). Thanks again.
  5. I have been in contracting for 8 years now (that also includes many mandatory appropriation law courses) and still don't have black and white (and not grey) answers to the questions I am about to ask. I appreciate any insight on these matters. 1) Contract period begins in FY14 and ends in FY15. Obviously the bona fide need begins in 14 and you fund it (here we have cost contracts that we fund incrementally) with FY14 money. But when the clock ticks to October 1, 2014 (FY15) are we still allowed to use old FY14 funding to continue incrementally funding a severable service that had a bona fide need beginning in the prior fiscal year? 2) This is very close to the same question above. If you send a change order to a contractor in FY14 and don't definitize it until FY15 can you provide any additional amount needed in FY15 for the same reasons above? 3) IF the answers to 1 and 2 are NO... We go through a never-ending process of truing up our contracts (cost contracts) so we are regularly going back to prior contract periods and fiscal years. On occassion we are given prior year funding (FY funding that aligns to that specific year) to pay out differences. The reason being the "bona fide need" for this work fell within that FY. So if we are able to do this in response to ICP's or audits, why are we not allowed to incrementally fund or definitize a change order with prior year funding like noted in questions 1 and 2? And I guess I would love confirmation that this is appropriate (obtaining prior year funding for these "true-ups" and whatnot). 4) Can someone, anyone tell me what happens to funding after 5 years. I have heard a million different answers. I have heard and actually believe that it expires. But where does it go? I have heard it is returned to the treasury and re-used. I have heard it goes "into the fire", so essentially wasted. I have heard a lot of different things from the bottom levels of my organization to the top. Thank you in advance!
  6. Good morning, I have a contractor making a unilateral DS change. They have informed me that this DS change will have a cost impact to my contract, but in the aggregate (as stated in 30.603-2) there will be no cost impact overall to the government. Obvioulsy I am asking my contractor prove to me that the aggreagate is in fact $0, but here is my question. What if my customer doesn't have the additional funding to shell out to the contractor for a DS change? I understand the FAR focuses on the government as a whole in its text, but that is not the way funding works in reality. Every agency and every component within an agency (at least at mine) has their own budgets and own funding issues. How can one be expected to pay for an impact like this one and carry the finanical burden they may or may not be able to pay for? What are my options here and is there anything else I need to be considering? Thank you in advance for your help.
  7. Vern and the rest of the gang, This is my first post/question but I do read these boards regularly and they are quite helpful and informative. Thank you. Here is my question. I am preparing a solicitation and the majority of this contract (about 95% of it) will be CPAF. This contract is set up with several SLIN's within the overall CPAF CLIN structure (i.e. CLIN 2 is the base period with AA being Task 1/funding source 1, AB being Task 1/funding source 2, AC being Task 2/funding source 1, etc, etc. However, one or two of these are SLIN's (and again, they still fall within the general CLIN structure and only consist of at most 5% of the contract) will not have award fee metrics. Do I have to make these SLIN's cost plus fixed fee (CPFF) lines? What if we were to add a small task directive CLIN? Do I have to make that CPFF? I don't see anything in the FAR that stops me from keeping the structure CPAF (for the entire contract) and I see nothing that stops me from putting $0 in award fee for the lines that do not have metrics and negotitate a base fee in those areas. I just don't see the point in calling this a hyrid contract, withholding "fixed fee" on lines, etc, when 95% of the contract has metrics and the other 5% does not. Our group is back and forth on this whole thing. Any thoughts would be appreciated. Thank you.
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