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Matthew Fleharty

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  1. Matthew Fleharty

    Eliminate FAR 52.217-9?

    I’m not a contractor and I agree with @here_2_help‘s remarks on the value of advance notice. I don’t think advance notices merely constitute another administrative to-do: such notices have real value for contractors (and their employees) so they can plan for either continued performance or new work.
  2. Matthew Fleharty

    G&A not allowed on Travel

    Here's a hypothesis: the Government may assume that travel costs for contractors should be no different than travel costs for the Government. Since Government employees don't typically see the G&A behind their personal travel costs (they merely see the direct travel costs: airfare, rental car, hotel, per diem, etc.) the use of that as a baseline would result in the disconnect discussed here when trying to determine what travel costs the Government should or should not reimburse.
  3. Matthew Fleharty

    Bridge Contracts

    I think Don and Vern answered the mail just fine on this one...
  4. Matthew Fleharty

    Successive Bid Protests

    Here's a defense related example from today's news (emphasis added below):
  5. Matthew Fleharty

    Bridge Contracts

    See FAR 6.301(c)(1): “Contracting without providing for full and open competition shall not be justified on the basis of (1) A lack of advance planning by the requiring activity...”
  6. Matthew Fleharty

    Successive Bid Protests

    No, just as agencies can take corrective action, protesters may withdraw their protest(s).
  7. Matthew Fleharty

    Fee on Negotiated Changes

    @PepeTheFrog This: "There are other, effective ways to negotiate beyond relying on or using deception." & This: "...deception is a fundamental part of negotiation." are mutually exclusive statements. If you can explain how they are not mutually exclusive, please do so, but "sloppy, sloppy, sloppy" is not an argument.
  8. Matthew Fleharty

    Fee on Negotiated Changes

    Yes it does. See definition of "fundamental" If one does not need to use or rely on deception to be an effective negotiator (which you just agreed was "true"), it follows that deception is not essential and therefore, not a "fundamental part of negotiation."
  9. Matthew Fleharty

    Fee on Negotiated Changes

    No it’s literally not - stop drawing false equivalences, it’s bad form. “Putting aside getting caught...”?!?!?! Who is living in their own world now Pepe?! You cannot just wish away a strong argument against your position because it’s convenient for your point. You’ve ignored the fact that (a) inevitably deceptive practices will be caught if repeated over time and, further (b) trained and prepared negotators know how to identify deception. There are other, effective ways to negotiate beyond relying on or using deception - period.
  10. Matthew Fleharty

    Fee on Negotiated Changes

    @PepeTheFrog I don't recall anyone here saying that deception doesn't happen, but there are plenty saying it shouldn't.
  11. Matthew Fleharty

    Commercial Product Definition

    Section 847 of the 2018 NDAA already included a “to multiple foreign governments” criterion for commercial items.
  12. Matthew Fleharty

    Commercial Product Definition

    In addition to C-130Js, I think satellites might fit the definition. I know some defense contractors use the same satellite bus (and facilities and presumably workforce...though they only need one of the three under the (4) definition) for commercial satellites and DoD satellites - the only difference between the two satellites/“products” are the specifications.
  13. Matthew Fleharty

    Commercial Product Definition

    Thanks for sharing your thoughts @Retreadfed I’m going to save my pointed questions until others have had a chance to chime in to avoid leading anyone.
  14. Sounds good to me, though maybe we shouldn’t call it CICA if we’re starting from scratch - let’s call it “Contractor Selection” or something to that effect. Two additional topic areas could be: (1) Ethics & (2) Public Policy (after all this is the federal contracting process).
  15. I like the “from scratch” idea, if only because those who choose to discuss the topic can focus on principles, policies, and procedures of a new contracting process and the merits of such ideas rather than the “well X idea still conflicts with Y regulation/statute” conversations. As for where to start, the beginning of course: “Begin at the beginning," the King said, very gravely, "and go on till you come to the end: then stop.” - Lewis Carroll -