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BowtechDan

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About BowtechDan

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  1. Robert, (Assuming here you are a contractor) Is the govt paying you for the vehicles, or are you buying the vehicles to perform a service? If the govt is paying you to get vehicles to perform a service, those vehicles "normally" become GFP when you procure them, not wait until the end of the contract. Being a cost-type contract, 52.245-1 is "supposed" to be on the contract. The contractor would then maintain stewardship of those vehicles while the govt has title. The govt is normally self-insured and we don't pay the added expense for insurance. To mitigate that, the -1 clause assumes the contractor will take care of the property IAW an approved Property Management System. And normally, the contractor isn't held liable for damage.......normally. You should contact the contracting officer.
  2. Deductions from contracts

    True. But the OP did state: "They found a contract that had a few performance issues written up by the COR and were not happy that the contract did not provide for deducts for these deficiencies. "
  3. Deductions from contracts

    52.246-4 Inspection of Services gives you the authority to make deductions: (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed.
  4. On the previous audits you mentioned. what did they keep as audit evidence? Good notes? Print screen? Thank you.
  5. Contractor Acquired Material

    I understand the OP. I was just making a comment in relation to (or lack of) a CLIN to a contract.
  6. Contractor Acquired Material

    I've never read a requirement in black and white on transferring material from CLIN to CLIN. There is a requirement to issue 2 mods and credit and debit costs from one contract to another. At some point, you need to identify how much and when this material is no longer needed and becomes excess. The govt will have title to that material.
  7. Sale of Government Property

    Please tell me what part I have said is wrong (most part is accurate). I have never said anything was "junk". I have said some things may be "stuff" and when I say ""stuff", I mean it as equipment that isn't being used toward the contract, but laying around on the installation. If GFP is provided to a contractor to be used for the contract, it should be listed as GFP. It just requires a little work that many don't want to do to do the job right.
  8. Sale of Government Property

    Now I understand what you mean by "not clearing the hurdles of 45.102". It sounds like a govt problem with "stuff" accumulating that needs cleaned out. If the property isn't on contract, and isn't needed to support the contract, it's not "contract" GFP.......it's stuff the USAF needs to get rid of from their govt installation. Normally that would be DLA Disposition Services (formerly called "DRMO"), but I don't know what the USAF process for equipment turn-in is.
  9. What do GS-1101s do?

    Looking at USAJOBS and being in the field, 1101's are contracting catch-alls for general contract admin.
  10. Sale of Government Property

    Scorpimouse, Yes the govt has fiduciary responsibility. But what govt entity owns the equipment? The USAF? What office/squadron,etc? Did they make the decision to provide GFP IAW PGI 245.103-70? If you are providing GFP to the contractor (KTR) and the contract has 52.245-1 (and subsequent clauses as prescribed), the KTR is required to have a Property Management System of internal controls to manage (control, use, preserve,protect, repair, maintain) our equipment. This equipment should be on a list as an attachment to the contract IAW the PGI 245.1. When the new KTR comes in, the old/new KTR should do an inventory, reconcile any losses,and then the CO would do modifications to transfer the GFP list from the old to the new contract (two mods). As stated in your previous post, the KTR does not take "title" to GFP. When they buy equipment or materials on a cost CLIN and we reimburse them, the title is now to the govt. The KTR has "stewardship" and will manage it IAW 52.245-1 and their property management plan,but we have "title" to it. You mentioned the FIAR. All GFP provided to KTR's shall be included in our (USAF unit who owns the equipment) property books. DoDI 5000.64, ENCL 3 states: 3. PROPERTY FURNISHED TO A THIRD PARTY. Although the Department of Defense may not have physical custody, in order to maintain effective property accountability and for financial reporting purposes, DoD Components shall establish and maintain records and accountability for property (of any value) furnished to contractors as Government furnished property (GFP). This requirement also includes property that is loaned to outside entities such as Federal agencies, State and local governments, and foreign governments. <end> That would be the USAF PBO responsibility. I recommend you find an 1103 Property Administrator in your agency and get this contract back on track in regards to GFP. If the GFP currently on hand is needed to perform the contract, you don't sale it and buy new........you transfer from one contract to another via a mod. But if the GFP isn't officially on the contract, it should be.
  11. I'll disagree with you on spec tolerances are not AQL's. The specs determine a go/no-go range. An AQL is about defects to an extent, but more about allowable variation. When an AQL is between x and y number of defects and still considered good (or acceptable), that is our range or variation. So for construction, our range is "+" or "-" 3 inches. Anything outside of that range is unacceptable. For widgets, we may have a lot of 100 and 2 bad is acceptable, or taxi service may run on time 97-100% and still be acceptable. American Society of Quality defines an AQL as the maximum percentage or proportion of variant units in a lot or batch, for the purpose of acceptance sampling.
  12. Vern, I've seen so many instances of misusing AQL's in service contracts. ANSI Z1.4 usually doesn't apply, but PRS's try to some time! LOL As for AQL's in construction....it's easy. You have specs. Those specs may have + or - ranges. That is your AQL for the task. It's different from acceptance lots of widgets, or "97% of the time" as an acceptable service AQL. Sampling is about efficiency, hence develop and apply efficient procedures ACQuipedia may say no QASP, but the DODIG does. http://www.dodig.mil/pubs/documents/DODIG-2015-059.pdf EDIT: And DAU says otherwise also: https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=115308 Construction is a service if you look at the Taxonomy of Services: http://www.acq.osd.mil/dpap/policy/policyvault/USA004219-12-DPAP.pdf
  13. C Culham, you are probably right, we're getting hung up on terms. To me, FAR Part 46 is clear, you develop a plan (call it what you want) on how you are going to perform "government contract quality assurance". “Government contract quality assurance” means the various functions, including inspection, performed by the Government to determine whether a contractor has fulfilled the contract obligations pertaining to quality and quantity. - (c) Government contract quality assurance is conducted before acceptance (except as otherwise provided in this part), by or under the direction of Government personnel; - (a) Develop and apply efficient procedures for performing Government contract quality assurance actions under the contract in accordance with the written direction of the contracting office; (emphassis added - do we document this or do we just "word-of-mouth?) - (a) Government contract quality assurance shall be performed at such times (including any stage of manufacture or performance of services) and places (including subcontractors’ plants) as may be necessary to determine that the supplies or services conform to contract requirements. BLUF: Document (develop and apply efficient procedures) how you are going to reasonably ensure we are getting what we pay for. Call that procedure whatever you want.
  14. How has some offices handled surveillance on construction contracts? In the Army, I've seen many KO's waive a QASP in the contract file. The reason? Because "it's a construction contract". They read AR 70-13 which discusses "Mgmt of Services Acquisition" and that reg states it "excludes construction". They then take that as gospel and totally forget what FAR Part 46 says. What the CORs are doing? Who knows. FAR Part 46.4 does not discriminate or single out services, construction or manufacturing: (a) Government contract quality assurance shall be performed at such times (including any stage of manufacture or performance of services) and places (including subcontractors’ plants) as may be necessary to determine that the supplies or services conform to contract requirements. Quality assurance surveillance plans should be prepared in conjunction with the preparation of the statement of work. The plans should specify -- (1) All work requiring surveillance; and (2) The method of surveillance. 246.102 Policy. Departments and agencies shall also— (1) Develop and manage a systematic, cost-effective Government contract quality assurance program to ensure that contract performance conforms to specified requirements. Apply Government quality assurance to all contracts for services and products designed, developed, purchased, produced, stored, distributed, operated, maintained, or disposed of by contractors. (2) Conduct quality audits to ensure the quality of products and services meet contractual requirements. (3) Base the type and extent of Government contract quality assurance actions on the particular acquisition. If you are going to build something whether it's a building, widget, whatever, you should document who will do what, when and how. That is your surveillance / inspection plan. Surveillance / inspection is really the same in the end, call it what you want. It's still the act of making sure the work is IAW contract requirements (SOW, PWS, Drawings, Specifications, etc). Construction can have numerous milestones. You don't wait till the end product to do inspections, and you don't just "wing it" day-to-day. You need to have a plan, identify milestones, and document what work will be inspected, when it will be inspected, and then work that into planning with the contractor. The concept is very similar to building an aircraft. For construction, 52.246-12 is your friend. And the FARs definition of “Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.
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