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Matthew Fleharty

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  1. Because the form asks for one and due to poor workforce education programs, some reviewer is going to mark up the organization during an inspection for not citing an authority or citing the wrong authority (in his/her opinion). That may seem silly, but it's the reality in many organizations which is why someone started this thread in the first place - they don't want to make a mistake.
  2. Emphasis added - Vern's blog is no longer available...if it was, there was a nice post about how the FAR applies to contractors/subcontractors only when incorporated via provisions/clauses (with some exceptions). Absent that, here is an NCMA article about the issue: http://www.wifcon.com/analy/Christoph LLC_Does the FAR Apply to Fed Contractors_NCMA Oct2017.pdf
  3. This is a great example of confirmation bias - when you go searching for the answer you want, rather than the answer that is right, you're bound to find it...
  4. Yes and many often do, particularly in contingency environments. The "check and balance" is the certificate of appointment. If a CO needs a CS to make sure that the CO doesn't do anything improper, something is seriously wrong.
  5. You should know your people better than anyone here on the WIFCON forums. No one here can accurately answer that question for you (unless your BD people happen to be posters on this forum). Leadership, education, feedback, incentives, accountability, etc. These answers and any others you may receive here are just going to be generic hypotheses out of a leadership/management playbook.
  6. Are you sure that a contractor is entitled to an equitable adjustment? If the Government exercises an option not in accordance with the terms of the contract and the contractor begins performing, can that contractor come back at a later date (but within 30 days) and request an equitable adjustment to the contract? If so, according to what clause?
  7. Based on your latest post, do nothing until you’re in receipt of an Order.
  8. There is nothing cruel or hateful in my remarks @here_2_help
  9. Well there is a Beginner's Forum for that reason - any post outside that section I assume that person should know the basics of contracting. My experiences are anecdotal, but it seems there is a growing tendency to just ask for answers rather than contemplate and critically think. When I see a post that is literally a one sentence question, that screams to me "easy button." The more we cater to that, the more we're going to get those sorts of questions - I think we all should expect more from individuals in this profession.
  10. You want to modify the contract and you didn't think about "consideration?" That's Contracting 101 - "consideration" is found in every single Elements of a Contract list I've ever seen. What I'm seeing more and more on this forum is people aren't thinking - they're just coming here to ask for free advice and for someone else to do their thinking for them. This discussion forum would be much more vibrant and beneficial for all if it wasn't devolving into predominantly simple, half-baked Q&As...
  11. FAR 1.102-4 (e) "The FAR outlines procurement policies and procedures that are used by members of the Acquisition Team. If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority. Contracting officers should take the lead in encouraging business process innovations and ensuring that business decisions are sound." See FAR 15.201 (e) "RFIs may be used when the Government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes. Responses to these notices are not offers and cannot be accepted by the Government to form a binding contract. There is no required format for RFIs." (emphasis added)
  12. Don's correct. In this case, a sample size of 1.
  13. Since you asked, this is certainly one area where you erred @Jamaal Valentine. I wish you well thinking about this issue, but I'm through here.
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