Matthew Fleharty

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About Matthew Fleharty

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  1. I initially had a similar reaction (which is why I was only able to quote one sentence from the article), but two weeks later I'm still stuck thinking about what contracting activities high performers perform better than low performers. Maybe I need a re-vector, in which case I'd be happy to hear any thoughts there as well. As for trying to clarify and elaborate, I'd like to leave the prompt broad (for now), but here are some examples of "breakdown activities" I've been considering (so much for trying not to "lead the witnesses"): Reading and interpreting contracts/regulations/statutes Deductive reasoning Negotiating An example of an activity that I don't think fits the bill: Using contract writing systems (PD2, ConWrite, etc.)
  2. I'm drafting some thoughts/recommendations on improving training for the contracting workforce and I'd like to solicit input from those of you who frequent these forums. Specifically, I'd like to know what each of you think are the "breakdown activities" for our workforce. "Breakdown activities" are defined as those "tasks that differentiate high and low performers." The term comes from an article in Harvard Business Review that I read last month - for those of you interested in the complete article, you can read it here: To Better Train Workers, Figure Out Where They Struggle. Thanks in advance for any input!
  3. Is anyone aware of any restrictions on the use of the Government Purchase Card when using Other Transaction Authority?
  4. I was there with the SMC team that morning, we must have just missed each other.
  5. That's an oxymoron Neurotic. Are you asking if you should modify the contract after award to increase the Target Cost based on the FPRP? Why does (or should) a contractor's proposed rates have to match their FPRP?
  6. If anyone is interested in a 20 minute primer on blockchain see the following: The professor in the podcast also wrote an article for HBR titled "The Truth About Blockchain" earlier this year that can be found here (may require login): https://hbr.org/2017/01/the-truth-about-blockchain
  7. Jake, Unfortunately I'm not surprised and I doubt you'll have much luck on your own even if you find this particular COFC decision to send to your contractor. I was in your shoes a year ago and made all the right arguments to no avail; however, what worked beautifully was elevating the issue up through leadership (if this procurement is as large as you say they'll be more than happy to help). Within a week I received complete and properly segregated actuals. So don't be afraid to ask for help - I suspect if you do you'll likely get exactly what you need. If that's unsuccessful, PM me and we can discuss further.
  8. You should practice what you preach Seeker.
  9. I fought a similar and equally frustrating battle at my first assignment over which provisions/clauses might be necessary for inclusion in contracts for commercial items. FAR 12.301(d) has similar language: Yet still, individuals would use the entire FAR and DFARS provision/clause matrices when writing the solicitations/contracts. I couldn't (and still can't) understand how the definition of "notwithstanding" and the language that follows was unclear, but it doesn't surprise me that some are facing a challenge in this case given the similarities. I suppose this might be one of the procurement lore versus procurement rule issues and some people just get stuck in the way of doing things without knowing why or whether that way is proper or improper. It's such a shame that some would rather be right instead of doing things right.
  10. I saw that, but based on his work with David Eaves and the inclusion of "by Steven Kelman," they presumably share the same thoughts (I know I wouldn't let a colleague put my name on an article or document without my review and consent).
  11. Thanks for sharing Vern - I have Dr. Kelman's book "Unleashing Change" in my reading queue. Based on the thoughts in this article, I just may move it up a few spots.
  12. As someone who has provided inputs, particularly on the topic of simplifying and streamlining acquisitions, I was eager to read the panel's interim report; however, I was disappointed with the result. Let's take, for example, the focus on clauses for Simplified Acquisition - I think the panel walked right into a distraction from more impactful issues and then focused on the lowest hanging fruits ($1 Coins and Texting While Driving clauses...). Here are some brief thoughts in response and some that I've already provided through other means: Most Simplified Acquisitions are commercial (run an FPDS-NG report to see) which means the analysis on page 23 is overstating the issue. The biggest impediment to quicker Simplified Acquisitions is not selecting provisions/clauses for those acquisitions - any semi-proficient contracting professional should be able to review those particular prescriptions in less than a day as most of them are fairly straightforward. I'm curious whether the panel has data other than the number of clauses and anecdotes that indicates selecting provisions/clauses for Simplified Acquisitions is a serious issue that extends the timeline to award - none was provided in the interim report. The panel should look into the acquisition workforce's under-use of FAR 13.5 procedures for eligible acquisitions - I imagine most acquisitions would be greatly simplified if they did not use FAR Part 15 Source Selection Procedures. I hear complaints of complexity, but for many it is self imposed so they can get their "valuable Source Selection experience." One final thought about the call to action - if we're serious about seeing change in the acquisition world, let's be bold - one recommendation for Simplified Acquisitions would be to (a) increase the SAT and/or (b) tie the synopsis and publicizing of contract actions requirements in FAR Part 5 to the SAT. I know those recommendations have been provided to the panel - maybe there is just so much input that they haven't had the opportunity to consider them yet, but I believe that time spent on substantive issues like those would be much more beneficial than discussions of $1 Coins and Texting While Driving.
  13. Agree 100%. I think the FAR's pricing policy is crystal clear that awards shall be made at fair and reasonable prices...if no one can do that and, therefore, compliance with the FAR is not possible, I'd imagine one would have to pursue a Deviation IAW FAR Subpart 1.4 (emphasis added below). The only question that remains is whether or not such a deviation is precluded by law, executive order, or regulation...
  14. Jamaal, It was likely directed at me - Seeker sent me a few PMs laced with ad hominems labeling me an "awful bureaucrat" amongst other things. I'll no longer be engaging with Seeker on these forums as a result. Maybe you'll have better luck getting a response that is supported by facts or references to the law/policy/regulation, but I doubt it.
  15. Seems team Schooner has some more supporters: 'Pay Trump Bribes Here' Projected on Trump Hotel in Washington