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About PepeTheFrog

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  1. You struck a deal. You think this changes the deal. Submit a request for equitable adjustment or a claim. If you're denied, you might get an argument for why there was no change and this was included in the original deal.
  2. great thinking develop your thoughts and submit an article to NCMA and copy it to your Congress Critters
  3. What you described is not the problem of self-deleting clauses. What you described is just fine if the clause text itself provides for those conditions or exceptions. The problem of self-deleting clauses is when the clause text itself does NOT contain guidance for conditions or exceptions. Instead, you have to look elsewhere or use "common sense" to make the clause inapplicable (or "self-deleting"). Although there is nothing in the clause text itself to support it, the stupid or ignorant scrivener says "that clause is self-deleting, don't worry about it." Example A: clause text: "contractor shall deliver two kilos of gold" [yet there is some exception in the instructions to contracting officers or somewhere else in the FAR] Example B: clause text: "contractor shall deliver two kilos of gold unless this is a construction contract in Spain" [the exception is clear and found within the clause itself] Example A is where the problem of self-deleting clauses applies. Example B is fine.
  4. Highest Technically Rated Fair and Reasonable Price (HTRFRP) is both innovative and useful if somebody can smash CICA's nonsense they deserve several medals
  5. The genius polymath Aristotle believed that the brain is only used to cool the blood. For some people, this is true.
  6. Yes, if it is a labor hours prime contract. If it is cost reimbursable, then PepeTheFrog sees your point.
  7. Hear, hear! PepeTheFrog thinks that commute time is quite different from traveling four hours on a plane on a Sunday to get to a government-designated site on Monday. In other words, PepeTheFrog (ignoring what the contract says) would advocate for paying a contractor for this type of travel time. 45 minutes to drive from the trailer park to government shack on Monday morning: don't pay for it 4 hours riding in a hot air balloon on Sunday: pay for it
  8. PepeTheFrog thinks two lifers doth protest too much. It's like the detective who solves a murder by maligning the murderer in a room full of suspects...somebody got red ears! This thread is about the government's behavior. PepeTheFrog agrees with both of you, in that PepeTheFrog's original advice can apply in many different situations, not just this one. See also the lockstep General Schedule (GS scale).
  9. expecting anything other than the bare minimum from a federal employee will leave you frustrated, in most cases hopefully, this discussion will be a cathartic experience for you yes
  10. Wait a minute, @Retreadfed. This contract is for people/services, not parts. Last sentence of 13 CFR 125.1: "Where the prime contractor has been directed by the Government as part of the contract to use any specific source for parts, supplies, or components subassemblies, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs."
  11. Thank you @Retreadfed, great clarification!
  12. Thank you, @C Culham and @Don Mansfield. PepeTheFrog has learned something.
  13. Lawyergirl, have you advised your client about the limitations on subcontracting clause?
  14. #1 Fan of Guest Vern Edwards, can you explain how this contract was awarded... What does that mean?
  15. Welcome back, Vern! PepeTheFrog can't believe you forgot so much about construction contracting!
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