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prodigalko

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  1. A better (easier, possibly more productive) question might be how would you contract out the COR function while complying with " all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals . . . "(FAR 1.602-1(b))?
  2. This ought to be fun. FAR 1.602-2(d) is below. (1) says shall unless otherwise authorized. There are lots of issues with this and reports that you can find generally and specifically regarding when contractor's were appointed as COR's in overseas environments. Short answer - check your agency supplement. I am sure that others will chime in with the long answer soon. "(d) Designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-p
  3. My situation actually just became moot. I was relying on the Redbook, but a finance individual (below the comptroller) in the chain decided they were not comfortable with it (despite the fact that the comptroller's signature is required on the PR to certify prior year funds) and effectively killed it by spreading a lack of understanding. I do not know that there is much that can be done when individuals will not read the legal treatise for their career field published by the Comptroller General. You could write a legal memo (question presented, applicable law, law analogically applied
  4. There is a hyperlink to the CAD in my first post after the page citation. To add a link just highlight the word and then click the two chains linked together icon to the right of the underline icon in post dialogue, then put in the address of the link or paste and hit "insert into post". This should be the same as gmail.
  5. Following a default termination or termination for convenience (either after t4d was overturned or after determination that award was improper).
  6. I think Boof's funding issue is quite prescient. When you have senior leaders mandating a 25% cut in FTE's or otherwise reducing the manpower below realistic levels it is very difficult to get all the work done (and done competently) without hiring professional services to assist; especially when contract dollars are provided to soften the blow of the FTE decrease. This is compounded by poor career field management (mainly DoD) resulting in large decreases in average years of experience in any given office over the last ten years.
  7. General guidance would be helpful. I do not have specific questions, but I have not done this before and was just curious if anyone had any experience or lessons learned.
  8. I am looking for guidance regarding replacement contracts. As I am reading the GAO Redbook and Contract Attorney's Deskbook (pages 24-23 to 24-24 at this link) I am envisioning the process below ( Funding of Replacement Contracts, B-232616, 68 Comp. Gen. 158 (1988); Navy, Replacement Contract, B-238548, 70 Comp. Gen. 230 (1991): 1. Issue determination and finding regarding whether award was made erroneously (was improper). (if yes then proceed to step 2) 2. Determine if award was made in good faith. (if yes then proceed to step 3) 3. Determine if bona fide need existed at
  9. I guess my follow up would be, "How would you address this during an audit?".
  10. After reading the GAO report 674849 regarding extensions utilizing 52.217-8 exceeding the limitations of the clause, I was interested in a question that was not addressed in the report. Specifically, if a predecessor CO (no longer at agency) exercises an option for one year (extends the term), but mistakenly cites 52.217-8 on the SF30, but otherwise acts as if they had cited 52.217-9, can performance continue? Facts supporting intention to extend term: informal email to the contractor, but no formal notice as required by 52.217-9; utilization of rates for next option year (not at current ra
  11. Hi Napolik. Thanks for the desk reference text. I have used it in the past, but usually default to the administration of government contracts or other GWU treatises because the desk references refer to them. Thanks Joel that is great. I guess it's too much of a hassle to publish a treatise.
  12. I know that there are a few government construction contracts books out there, but wanted to see if anyone has a suggestion, or maybe experience using the available texts. Specifically I am interested texts expanding on areas where a solution or requirement is unique to construction and may help resolve a dispute. Thanks in advance. Some of the resources I found. Smith Currie and Hancock (by AGC) Federal Government Construction Contracts (by ABA) Federal Government Construction Contracts (Bastianelli)
  13. I am having some trouble locating a treatise that captures SBA OHA decisions and puts them in one place. I appreciate any suggestions.
  14. In NPS we follow the DOI guide , but it's pretty thin and really just specifies how to follow 17.5. In practice there is a pretty simple D&F that we accomplish for economy act actions (I haven't yet received good guidance, but I generally try to find a cfr regulation giving the agency we are using specific authority, ie FHWA for highway work. The gist of the guide that we follow is that we have to have some terms in place. It does not matter where the terms are, or what document they are in, but it really focuses on the responsibilities of each party and dispute resolution (FAR 17.503(c
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