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PepeTheFrog

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About PepeTheFrog

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  1. This op-ed by a government contracts attorney asks Congress to pass a law to pay back contractors affected by the shutdown. https://federalnewsnetwork.com/commentary/2019/01/shutdown-economics-a-proposal-to-give-contractors-employees-more-wiggle-room/
  2. @lotus There have been many detailed changes to this policy both in the Small Business Act and the implementing SBA regulations at Title 13 of the Code of Federal Regulations. There are several variables, including the type of contract or set-aside and the date of the clause in your contract (as opposed to the current FAR clause or current SBA regulation), which may affect the answer. There is also a raging controversy over whether to follow the FAR clause in your contract or the SBA's latest regulatory implementation at Title 13 of the Code of Federal Regulations. PepeTheFrog's opinion is that you should follow the FAR clause in your contract and the SBA's regulatory implementation at the time your contract was signed, but that is just an opinion. In short, your question is much more complex than you may have considered. The rabbit hole might be too deep for someone on Wifcon to research this for you, and the question may be too consequential for you to rely on someone else's research. As a related piece of advice to you and any other contractor that is being challenged by the government on compliance with the limitation on subcontracting clause(s): Ask the government to show you where your contract states that you are required to provide the information they request. The dirty secret is that most versions of the clause require the contractor to comply, but there is nothing requiring the contractor to provide proof of compliance. Therefore, a shrewd contractor can just repeat that they are in compliance and provide no further information.
  3. PepeTheFrog

    Government won’t pay our (final) invoice

    File a claim under the Contract Disputes Act, as everyone else said. Let this be a lesson to other frogs. Filing a claim under the Contract Disputes Act requires government action. Most other things you might try do not, such as filing a request for equitable adjustment, phone calls, emails, etc. Don't get pushed around!
  4. PepeTheFrog

    THE GSA Schedule, singular, just one

    Bueller? Anyone? Does anyone think this will improve the GSA's price reasonableness determination' standings in the eyes of other federal agencies? (Dept of Defense famously rejected the process of determining price reasonableness of GSA orders by relying on GSA's original determination leading to the Schedule contract. This was effectuated by a DOD deviation.)
  5. Occam's Razor tells PepeTheFrog that the reason so many UFO sightings occur near US military bases is because the UFOs are usually military aircraft. The US military and CIA encourages the media and the general public to associate UFOs (unidentified flying objects, which includes an aircraft you don't recognize because it's a secret) with aliens, because it takes the focus off of secret US military aircraft. The government has even gone as far as feeding false information and fanning the flames of alien conspiracy theories and organizations. The concept is called "disinformation." Operation Mockingbird is the most well-known example of the CIA controlling the Fake News to control public opinion and knowledge about certain issues. Many of the major news anchors that you watch on Fake News are in some way connected to the US government. Each of the consolidated and monopolistic Fake News corporations are embedded with agents of the US government and likely agents from "our greatest ally." Fake News is not just something Donald Trump discovered. For example, Anderson Cooper attended Yale University, a top CIA recruiting source, and interned at the CIA. He is from one of the richest families of the American establishment (Vanderbilt) and his uncle (William Henry Vanderbilt III) was in the Special Ops of the OSS, the predecessor to the CIA. Quite the pedigree on Anderson Cooper! Wolf Blitzer began his journalism career in Israel, and worked for the most powerful Israeli lobbying group, AIPAC. Notably, Wolf Blitzer provided sympathetic coverage (and wrote a book!) for the convicted spy for Israel, Jonathan Pollard. Has there ever been a war in the Middle East that Wolf Blitzer has not supported? Some might speculate that Wolf Blitzer's ties to a government, military, or intelligence agency are not even American, but foreign. https://en.wikipedia.org/wiki/Operation_Mockingbird Look up the story of the Air Force Office of Special Investigations (AFOSI) agent Richard Doty. At Kirtland AFB, he fed grand tales of alien partnerships and sharing of alien technology to curious believers. Agent Doty had the best job in the entire Air Force-- making up wild stories about aliens to throw the public off the trail of classified military aircraft programs. Imagine sitting in your office, dreaming up alien fantasies, and then having the satisfaction of seeing them as headliner stories in UFO websites and conventions. Please forgive the links to these bottom-feeding websites, but these are useful summaries: https://www.huffingtonpost.com/alejandro-rojas/exair-force-law-enforceme_b_5312650.html https://mic.com/articles/96560/the-sad-bizarre-truth-about-ufo-conspiracy-theorists#.vg2ERqMMI
  6. PepeTheFrog

    Government Shutdown

    What judge? You're spinning your wheels with this stuff. Corporations have budgets also, therefore a government shutdown is not a sovereign act? Stop wasting your time. If you want a theory of recovery, speak to an attorney or find a clause in your contract that will allow you to submit a claim or a request for equitable adjustment. Maybe you can argue there was a constructive change to the contract or that you were never ordered to stop work. Fighting the doctrine of sovereign acts is a quixotic waste of time. Focus on your contract, your contract's clauses, and your relationship with your client.
  7. PepeTheFrog

    Government Shutdown

    @Jamaal Valentine Yes, like you said. "The Congress" didn't vote or issue legislation. That's my only distinction. It was just opinions of Congress Critters who wrote a letter. You're right that it's worth nothing that it was not just a letter, but a letter entered into the Congressional Record, but that was just to embarrass and pressure the contractor. You and PepeTheFrog are in agreement about contractors being on notice of the business risk inherent in their relationship with the government.
  8. PepeTheFrog

    Government Shutdown

    @Jamaal Valentine A member of Congress (Rep Dennis Kucinich) and several signatories to the letter wrote that language, not Congress. There's a big difference. Individual members or groups of Congress have said or wrote all kinds of ridiculous things. This thread is about a contractor getting paid by the government for shutdown days. The letter you found is about a contractor paying its employees for shutdown days. On the latter topic, Rep Kucinich's letter is interesting because there are plenty of government contractors that do not pay their employees for unexpected shutdowns, closures, etc. and instead require their employees to take leave/vacation/unpaid leave. Rep Kucinich is trying to pressure a government contractor to foot the bill for a cost imposed by the government that was not reimbursed (directly) by the government.
  9. PepeTheFrog

    Ready to leave the 1102 job series

    Tell him to resurrect his posting career.
  10. PepeTheFrog

    Plain Language Writing Contest

    If . . . Trump doesn't get wall funding, we'll accept your proposal if we receive it the first day the government re-opens from the shutdown.
  11. On a related note, Section 822 of National Defense Authorization Act 2019 ("Contracting Dispute Matters") requires Secretary of Defense to carry out a study on the frequency and effects of bid protests involving the same contract award or proposed award that were filed at both the GAO and Court of Federal Claims-- essentially, "successive bid protests." Apologies if this was already mentioned earlier.
  12. You are only a "small business" for the purposes of this solicitation based on the NAICS code identified for this solicitation. If you are not a "small business" under the specified NAICS then you are not a "small business" for this RFP and are considered to be an "other than small" or "large" business.
  13. PepeTheFrog

    Overriding the evaluators

    @lotus Do you sew your own clothes? Grow your own food? Did you build your home? Did you manufacture your car? Does the President of the United States have full expertise and knowledge and unlimited time to research and decide on issues of justice, agriculture, war, and education? Does the Secretary of Defense have full expertise and knowledge and unlimited time to research, evaluate, and decide on issues of war? Does a CEO perform every task in the entire company? delegation specialization of duties hierarchical staff If the selection process didn't have a single SSA, and instead made decisions by committee vote, you'd be complaining there is no accountability.
  14. What are your thoughts on GSA's announcement to consolidate all 24 GSA Schedules into a single GSA Schedule? How will this affect industry contractors? How will this affect contracting officers and the contracting process? https://www.gsa.gov/about-us/newsroom/news-releases/gsa-announces-transformation-of-multiple-awards-schedules https://federalnewsnetwork.com/acquisition/2018/11/long-overdue-reforms-coming-to-gsas-schedule-program/ https://www.federaltimes.com/acquisition/2018/11/27/gsa-to-consolidate-24-multiple-award-schedules-into-one/ https://fcw.com/articles/2018/11/27/gsa-consolidates-award-schedules.aspx
  15. Correct. The FARSite is maintained by Hill Air Force Base, so DOD deviations apply to its most important users-- the Air Force. The FARSite includes the DOD deviations (which apply only to DOD) within the FAR (which applies generally) strictly as a matter of convenience for Air Force and DOD users. http://farsite.hill.af.mil/
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