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Jane_A1

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About Jane_A1

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  1. Invoice Payment Date

    The State of Texas offers a useful Due Date calculator that appears to follow the Prompt Payment Act and 5 CFR 1315: https://fmx.cpa.state.tx.us/fm/usas/prompay/duedate.php
  2. As Retreadfed posted on 11 March, 2011 "I have seen multiple references to the FTR and JTR in this thread. I hope everyone recognizes that the JTF and FTR are only referenced in 31.205-46 in regard to lodging and per diem. Further, for overseas travel, the DSSR is the regulation that applies for lodging and per diem." http://www.wifcon.com/discussion/index.php?/topic/1031-business-class-travel-and-far-31205-46b/ FAR 31.205-46 requires precise reading (which Retreadfed obviously did). This Defense Travel Management Office FAQ is quite clear on the matter: "The Joint Travel Regulations are written for and apply to civilian employees of the Defense Department and the Uniformed Services. The contractors' employees traveling under their contracts CANNOT use the JTR as the JTR contains provisions that cannot be applied to contractor's personnel." http://www.defensetravel.dod.mil/site/faqctr.cfm#Q1
  3. What I mean to say is that by not including the clause 52.247-63 in a contract "whenever it is possible that U.S. Government-financed international air transportation of personnel (and their personal effects) or property will occur in the performance of the contract" - as FAR Subpart 47.405 Contract clause says should be done then it bolsters the argument the contract was not intended to include OCONUS locations and those locations are out of scope. Otherwise, shouldn't the clause have been included? The original poster was trying to make the argument that having an analyst go to IRAQ or Afhanistan (OCONUS) was not in the scope of the original contract - and not included in the original FFP pricing. Your insights on what is recoverable in a situation with FFP pricing appreciated. I can understand on the travel expenses.... I would be interested in justifying the LOE for mobilization / deployment planning and/or using a different labor rate for a US-based person to go overseas on short assignments.
  4. Retreadfed-apologies! Let me restate: The clause is 52.247-63, Preference for U.S.-Flag Air Carriers. Specific direction is given here: 47.405 Contract Clause The contracting officer shall insert the clause at 52.247-63, Preference for U.S.-Flag Air Carriers, in solicitations and contracts whenever it is possible that U.S. Government-financed international air transportation of personnel (and their personal effects) or property will occur in the performance of the contract. This clause does not apply to contracts awarded using the simplified acquisition procedures in Part 13 or contracts for commercial items (see Part 12). BLOCKEDwww.acquisition.gov/sites/default/files/current/far/html/Subpart%2047_4.htmlBLOCKED On your question regarding incorporation of JTR and FTR Regulations themselves and not just per diem numbers... this is important because JTR and FTR include the Fly America Act. If the regs were really incorporated into FAR 31.205-46, the Fly America Act would be automatically included as soon as FAR 31.205-46 was included. Here is the link for FAR 31.205-46 http://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol1/pdf/CFR-2010-title48-vol1-sec31-205-46.pdf Page 676 says (4) Subparagraphs (a)(2) and (a)(3) of this subsection do not incorporate the regulations cited in subdivisions (a)(2)(i), (ii), and (iii) of this subsection in their entirety. Only the maximum per diem rates, the definitions of lodging, meals, and incidental expenses, and the regulatory coverage dealing with special or unusual situations are incorporated herein. Does that clarify? Your comments very appreciated.
  5. For the analyst role, I think your question is spot on... and thank you for asking it!! However, the nature of part of the work for us is similar. The prepation, planning and logistics is much more complex. Our services are short assignment - less than a month. However, I think I found a question to ask if OCONUS is said to be in scope for a contract. There is a requirement Federally funded travelers to use United States air carrier service for all air travel and cargo transportation services funded by the United States Government. One exception is the countries with Open Skies agreements (Switzerland has one for example) - let's leave those out for now. It is sometimes called "Fly America Act." If the contractor is subject to FAR 31.205-46 for travel and per diem per contract, that FAR 31 section does not incorporate JTR and FTR regulations. So if the contract does not already include Subpart 47.4-Air Transportation by U.S.-Flag Carriers wouldn't this clause have to be added to the contract for OCONUS?
  6. Thank you Vern for your response! By my count, August 11 would be 46 days (25 Days thru Sept midight plus 21 days of August: 11 thru 31). So if the notice of intent wasn't sent by midnight on that date: August 11th (assume email is used, rather than mail by post...let's not discuss different time zones for now), what happens? What happens if the government tries to extend later than the zz (in our case 46) days required by contract?
  7. The reason this question comes about about contracts expiring is the wording of 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within yy days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least zz days before the contract expires [my bolding]. For example, let's say the contact has four PoP lines 3001 POP 26-SEP-2014 TO N/A 25-SEP-2015 3002 POP 26-SEP-2014 TO N/A 25-SEP-2015 3003 POP 26-SEP-2014 TO N/A 25-SEP-2015 3004 POP 01-OCT-2015 TO N/A 15-OCT-2015 <--- this is for contract manpower reporting CLIN 3001 through 3003 are for 3 days of services as defined in the Contract Statement of Work. Assume today is August 13 (because it is). And assume the contract has the clause above in it, and zz is 46 days. When does the notice of intent have to be sent to meet the contract clause's requirement for 46 days preliminary notice?
  8. Government Directing Work Schedule?

    What about government directed schedule for FFP? 52.243-1 Changes - Firm Fixed Price state the govt can change (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery. So the government can't direct the exact dates (e.g. Sept 9-11) to be added to the Delivery Schedule for FFP unilaterally? Assume the contract is silent as to how the dates in the Delivery Schedule is updated.
  9. Have recently run into a similar situation. Contract is for a week's services per option. Looking at GSA, several vendors make statements about "overseas differentials" or "OCONUS additional charges may apply." Northrop Grumman says: Overseas allowances will be negotiated on an individual task order basis. This should be proposed in accordance with the U.S. Department of State Standardized Regulation [web link to state.gov] as an ODC non schedule item and should be identified as such in our task order proposals. Another vendor gtid.com says in their GSA docs:The Department of State’s Standardized Regulations (DSSR) provides the regulations governing allowances, differentials (i.e. Hardship Post and/or Danger Pay) and definitions for all designated areas for all U.S. Government civilian employees. The DSSR provides for additional compensation for service in foreign locations where conditions of environment differ so substantially from conditions of environment in the continental U.S. that additional compensation is warranted and necessary as a recruitment or retention incentive. For U.S. Government civilian employees, hired in the United States, these are cumulative with a maximum of 35 percent each over the basic pay. (The cumulative maximum differential is 70 percent over basic pay, for an overall compensation of 170 percent of base pay. So it seems like companies realize OCONUS costs more and they have to charge more because they have to pay employees more to go there. But does the government realize this? I've heard the argument that the government does not want to pay for travel time. Yet they give their employees time for travel, e.g. travel from CONUS to past the international dateline is equal to 2 TDY per Army regulations. It's not just the additional travel expenses that make OCONUS more costly. OCONUS requires better planning and logistics, especially short-term. And the jet lag can be nasty. So, my question - Has anyone had to justify additional short-term service assignment costs OCONUS - especially if the government has tried to pay you zero extra for going there?
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