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Everything posted by Smurphy430

  1. Smurphy430

    Employee Daily Status

    I am a COR I am in a situation where I have, and I walked into this so it has been the practice of this organization. Regardless of work status, i.e. Federal Employee,Active Duty, or Contract Employee we have a system that the person signs into in the morning. The system is not precise enough to track hours, its sole purpose is to know who is in the building and who is not. I now have the lawyers saying no we can't have the contractors reporting their status as such. Being a contracting professional as well as a experienced COR I can make the argument both way. 1. No the contractor is not our employee and we should not present a perception of employer/employee relationship. Having the contractor sign into this system does give that impression. The system does not have to be signed out of. 2. As a safety aspect we should know who is in the building in case of emergency and who is not. We would have to account for every person in a time of evacuation to ensure the building was vacated. My question to my WIFCON Colleagues is: Is there any case law, rules or regulations that requires accountability of personnel within our premises? Thank you all for any help...
  2. Smurphy430

    Alternate Work Schedule

    As a general question and all quality assurance and reasonable surveillance being adhered to. Is there any prohibition on letting contractors work an alternate work schedule, e.g. 9 hour days for 8 days, 1-8 hour day and one day off? I can find no prohibition against the practice any input would be appreciated.
  3. Smurphy430

    Alternate Work Schedule

    Yes, the current contract specifies 5 days 8 hour days 40 hour week. We are considering this to help the contractor staff
  4. Smurphy430

    Contract Duplication

    I have searched the forums extensively and found nothing specific to the following subject. I know from being a Governent contracting professional that duplication is frowned upon. However, when I try to defend my position I have nothing I have nothing. My only defence is that it would cause increased cost in monitoring, administration, and not make good business sence. What do you tell the section that just wants their own contract that is word for word as the already awarded ID/IQ? I need something specifically prohibiting the practice... Thank you in advance, Steve 60 Minutes /100 =0.6 .60 of 1 Hour is 36 Minutes = $44.50 at $1.24 per Minute 12.60 Hours Overtime (Keith) TDY Trip to Germany was from 01/13/2013 to 01/18/2013 Authorizes 8 Hours for Overtime. 4.60 Hours OT Not authorized.
  5. I have recently taken over the duties as COR for a IT Service Contract. The contract is a T&M ID/IQ service contract in which T&M or FFP orders are placed in the form of task orders. There is no optional work within the task order and there is no mixed task order i.e. T&M Line Items with FFP Line Items. My question is that it has always been my experince that hours are billed in 1/4 hour increments. I have some invoices where the hours are billed fractionally: Therefore: 60 Minutes /100 =0.6 .60 of 1 Hour is 36 Minutes = $44.50 at $1.24 per Minute The contractor says by not-rounding the Government is saved money, in my opinion this is not reasonable. The additional manhours to track and then try to close this task order washout any savings by a "to the minute recording of time worked". Not to mention monthly invoice reviews. My question to the forum is: Is there anything that gives guidance regarding timekeeping recording? If so, please tell me provide the references.... Thank you in advance Steve
  6. Smurphy430

    Fractional Hourly Billing

    I would agree with granulaity of billing, if it were consistant. However, it is not consistant. It appears that the contractor deviates from task order to task order. I think this accounting practice is unreasonable to account for. Especially when a contractor logs 8.60 hours for one day which mathmatically works out to be 8:36. Not to mention the nightmare it creates when you try to close out a contract with seconds, and minute computations. But this is my opinion, I am sure some people will defend the practice as well as perform the practice.
  7. Smurphy430

    Contract Duplication

    Agreed, no, no reservations it is a control thing..."they" fell that more control over the contractor would give them greater latitude for personal services. We CORs are interfering with scope creeping. Will see if the CO has the leadership skills necessary to make a decision. Unfortunately, this is one of the systemic issues in DoD...and one of the reasons I left the contracting agency. While I was perfectly whiling to prevent this as a CO, leadership would allow it under the auspices of customer satisfaction. Ah well....
  8. Smurphy430

    Did the GAO Just Make A New Rule?

    I think will have to keep in mind that GAO is comprised of like-minder professionals that are ubiquitous in any Government organization. GAO can miss-speak and even at times openly disagree with one another. While there is a mechanism in place to show a united posture towards any situation GAO’s historical documents are evidence of changing and conflicting positions. Again, GAO’s writers are human, and we must read their decisions with a critical eye, as we read anything….
  9. Smurphy430

    FFP Competitive award which contains a few CPFF CLINs

    We here have used plug numbers extensively both for T&M, CR, and CPFF. The problem when using the plug number is that you remove the numbers from the competition, you are essentially leveling the field and making the numbers a none-issue as a discriminator for evaluation. Another issue we have seen when giving plug numbers the contractor has the ability to "buy-in" to the contract, and then coming back to the Government for overruns that it cannot be held against the contractor because they did not originally bid the number. Another issue in CPFF if the CAS rules may be invoked when you do a Cost type contract. an overrun would negate the contractor's right to the fee, but the overrun would be the Government's fault because the Government gave the number. I suggest doing a T&M CLIN before a cost reimbursable CLIN if you have to do a plug number, and leave the fee out of it. Moreover, when you do a cost CLIN you get into FPRA/FPRR/Provisional Pricing, remember this is true for any part of the contract is cost. If you have a FFP contract with small parts being cost, you do not get away from some of the requirements implicit in a full cost type contract.
  10. Smurphy430

    CPFF Contract with Options

    SSKO, I do not think you will find anything that limits the number of exercisable optional tasks. Remember according to FAR 17.207(f) the option must have been evaluated as part of the initial competition and be exercisable at an amount specified in or reasonably determinable from the terms of the basic contract. Moreover, we the Government have a responsibility to contract in good faith. Therefore, I would not have 1400 exercisable task options when you have no intention of exercising them. Be reasonable in your assessment of the work, and have options that have a good possibility of being exercised, and that meets the Government need.
  11. Smurphy430

    Describing Contract Type: Watch What You Say

    Also terms such as experience vice tangible evidentiary evidence, see it in black and white!!! The human memory is arguably the most unreliable and flawed thing in the world. But we continue to do the easy thing by asking our perceivably more experience colleagues on what to do in a situation, rather than perform the time consuming activity of research. What if the person has a flawed memory, what if the person has been doing it wrong for all of these years? If the person is truly correct than they can show evidentiary proof of their course of action. If not do your own research, you will likely learn more than you bargain for…
  12. Does anyone have some verbiage for the Clinger Cohen Act section of the Acqusiition Strategy, or where I should go to get some verbiage. My requirement is an IT requirement but not a capital investment type IT requirement. Thank you Steve
  13. Smurphy430

    Working at Risk

    Is therer some provision that allows a Contracting Officer to knowingly be aware that a Contractor is working at risk when no funds are received for health, welfare and morale, i.e., support for dining facility, building maintenance? Does anyone know of a provision that would allow this in a Garrison invironment?
  14. Smurphy430

    Working at Risk

    Thank you for sharing Vern...I apreciate the support.
  15. Smurphy430

    Working at Risk

    I agree with Don. And, the troops will not starve to death. The Garrison commander will be forced to explain his ineptitude in securing the proper funding and for putting the CO in the position in the first place. These problems persist, because CO's are stepping around the rules to accomplish the mission. Well mission accomplishment is not part of the oath, obeying the law is. There are far more people in prison, or who have forfieted their carreers because the held mission accomplishment above the law, nothin is above the law.... not even the mission, nor the officer's OER! Moreover, when it comedown to it, these people will leave the CO out in the cold so fast it will make your head spin...
  16. Smurphy430

    Working at Risk

    The reasons these problems are happening is because the system allows it. I have been a contractor, a COR, and now a contract specialist with desires to be a CO. Having said that, when the COR or any Government employee other than the CO directs a contractor to do anything out of scope the contractor should contact their contracts administrator to make contact with the CO, and at least get a email regarding the added work. To often as a COR I have seen my collegues intimidate contractors into free services and work. If played right the COR will get hammered by the CO and get their letter revoked. Unfortunately, there are too few CO's with enoughleadership to pull the trigger and do ratifications. When the COR misbehavoir starts cutting into their pocket it will stop. But as long as there are contractors out there willing to do the work without question it will continue...
  17. Smurphy430

    Working at Risk

    That is the issue Don, I cannot get past the FAR 32.704©, not to mention accepting voluntary services, potentially in violation of 31 U.S.C. 1342. Therefore, we were wanting to see what authority they are using for this action.
  18. Smurphy430

    Working at Risk

    Unknown, how it is described to me it is the Garrison, i.e. on a Army Intsallation in the Continental United States, environment. The contractor provided services such as post maintenence, dinning facilities, dental healthcare, on post housing maintenence, these types of services... What the Contracting Officer has been doing is cohercing the contractor to work at risk until the installation FCO finds or gets the money to pay for it. Therefore, the contractor is working at risk, with the encouragement of the contracting staff. The contracting staff says "well we have always done it this way before", but the new chief wants the authority, for she has never heard of such a thing. I think it is garbage on all levels..."We always done it this way" is not reason enough in my opinion, but that is the Army...
  19. Smurphy430

    De-Scoping Task Order

    I have a task order that was reduced in scope and the period of performance was reduced to accomodate the reduction. Now the requiring activity wants to get back what it gave away. I would think this is now a Bonafide need issue. But cannot find anything to support my position. Does anyone know of a similair circumstance where the scope was reduced, and therefore the bonafide need was forfieted? Thank you for any help Steve
  20. Smurphy430

    De-Scoping Task Order

    Yes it is a similair issue. I would say that if the requiring activity wants to increase the scope back to the original scope of the task order the current year funds must be used, not original funding from the time of execution. And the once removed work that was re-added would be treated as a new requirement. Thus, my concern for the Bonafide need. I think the added work should have been recompeted....or a J&A done to justify to the work.
  21. Smurphy430

    De-Scoping Task Order

    Thank you for the help...
  22. I think providing for government contractors housing and billeting needs in the CENTCOM Theater is a capital investment. Does anyone or can anyone point me to any policy that may have come out on this issue? Thank you Steve
  23. Smurphy430

    Wallowing in the FAR

    Great article Vern. I have been on the warfighter side, program side, the COR side, and have now just graduated a contracting intern program for the Army. I had to mentor myself and educate myself, and now give classes to my organization on what they are doing wrong. I have noticed CO?s are too often accused of compromising the mission, or hindering the mission, when a pause is necessary to do the wallowing. Unfortunately, some CO?s have given so much of their processes away that they have become glorified paper pushers, merely kept around by the program managers to sign the paperwork. I have seen many actions that have used the premise that they won?t get caught, or if they do they will be given special consideration, the mission and all. We do not do the fundamentals, i.e. market research, T&M D&Fs anything, we just exercise the options to keep the PM shop off our case. The program managers hide behind the mission shield so much that one would think that every action they do the warfighter?s life is in the balance. Untrue for many of the actions, but who wants to be accused of not supporting the warfighter. The CO?s need to reclaim their processes, and do the requisite wallowing, we owe it to our taxpayers as much as we owe expeditious contract actions to our program managers supporting the warfighter. Unfortunately, senior leadership have turned their backs or a blind eye and entertain these program manager?s complaints, when we want to pause and wallow in the FAR, putting even more pressure on the CO?s to get along and complete the actions as quickly as possible vice as responsible as possible. I will likely not stay in this field. Although, I would love to be a CO, I do not feel my future supporting staff is up to the challenge, nor is the Army leadership headed in the right direction as far as grooming the up and coming interns. Keep up the good work?
  24. I am currently involved in a recompete for a current ID/IQ MAC Non-Commercial. Although the current contract was competed and awarded 4.5 years agao the current view is that "It was non-commercial then, it must still be." I have pointed out that the commercial T&M rules have changed and that we should take a harder look at the pros and cons before making a decision, there are good and bad points to both part 16 and 12. Well I was blown off, although everything well 99% of the task orders we do is 100% commercial they are hanging there hat on the 1% to justify calling it non-commercial. Is there any hard and fast policy that I can use to bolster my argument. I have read Shay Asad's memo and all of the other stuff I can get my hands on, but just can find it. Any ideas? Thank you Steve Murphy
  25. Smurphy430

    Commercial Vice Non-Commercial

    Thank you Don, I too have pointed this passage out to the KO, and the customer. But they have found a task order that they feel pulls them out of the commercial arena, and are riding it all the way. Of course it represents 1/400th of the work, but no matter, I have spoken my piece, and I am not signing it... Good to have confirmation and know I am not going crazy... Have a good day in class, Steve