PepeTheFrog

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About PepeTheFrog

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  1. Turn it into an online dating site for contracting professionals. Interests: cost accounting standards, limitations on subcontracting clause, requests for equitable adjustment Religion: Christian doctrine Dealbreakers: giving answers not supported by statute, regulation, written policy, or court decisions...using cost-reimbursement contracts for commercial items Recent Books Read: Cost-Reimbursement Contracting (Cibinic, Nash), Contract Management Body of Knowledge (CMBOK), (NCMA) Favorite Movie: WAR DOGS Political Views: Make Contracting Great Again #MCGA Socioeconomic Status: vivacious and flirty WOSB Location: currently living in an aluminum shack in a bombed-out HUBZone where radioactive stray dogs threaten pedestrians
  2. The easiest and most politically feasible option is to raise thresholds. Raise all the thresholds! Congress can be lazy by simply "tweaking" or amending existing statutes, instead of forcing someone to actually think and perform work by entirely revising or creating new statutes. This does not solve the underlying problem (stupid, burdensome, costly statutes and regulations) but it "cheats" by simply exempting more contracts, contractors, and contracting officers from dealing with them. Raise the thresholds much, much higher so that the "worst offender" regulations apply to a smaller number, i.e.: As Vern Edwards has suggested, raise the TINA threshold to the moon-- $50 million or higher-- $750K is absurd Raise the SAT and commercial FAR 13.5 thresholds (allowing more simplified acquisitions) Raise the subcontracting plan thresholds (avoiding the nonsense involved with subcontracting plan approval, compliance, distorted supply chains) This is a lazy and cynical way of doing things, but seriously, find a threshold and suggest raising it by a very high amount.
  3. It does. PepeTheFrog was hung up on the word "employee" versus independent contractor. Thank you, Don Mansfield.
  4. 1. Must business development people (who have contingent fee arrangements supplementing their salary) be hired as W-2 employees? 2. Can their services be provided as 1099 independent contractors, or would their contingent fee arrangement violate statutes and regulations against such? 3. For violations of the prohibition on contingent fees: Is the dividing line whether the business development person is a "bona fide employee" versus an independent contractor of the federal contractor firm? Why should that matter? Background: FAR Subpart 3.4 restricts certain contingent fee arrangements for soliciting or obtaining federal contracts. The statutes and regulations "[p]ermit...contingent fee arrangements between contractors and bona fide employees or bona fide agencies" (FAR 3.402(b)). "Bona fide employee" is defined as "a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence" (FAR 3.401). The prescription clause for FAR 52.203-5 is FAR 3.404. The clause itself states, in part: "The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency." PepeTheFrog knows a common practice in government contracts is to create a contingent fee arrangement with business development people. Business development people are expected to find, secure, maintain, and solidify business and contractual relationships with federal clients. Some call them "rainmakers." These contingent fee arrangements for employees could be "you get this small salary $X and 1% of any new contracts under $X million, and 2% of any new contracts above $X million." These contingent fee arrangements for independent contractors could be similar, except instead of a salary, you get a small payment or no payment at all (other than the contingent fee).
  5. PepeTheFrog is calling for a complete and total shutdown of blue rules in the contracting profession until acquisition officials and our country's representatives can figure out what is going on. Without looking at FPDS-NG data, it is obvious to anybody the foolishness is beyond comprehension. Where this foolishness comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous source selections by people that believe only in blue rules, and have no sense of reason or respect for the contracting profession. PepeTheFrog has friends that use blue rules. They are great people-- but they know we have a problem. Did you see what's happening in DHS last night? The source selection was a yuge failure, bigly. Sad! We have no choice, folks. We have no choice. Make Contracting Great Again! #MCGA
  6. If your requested debriefing is pursuant to FAR 15.506(a), the definition of "day" found in FAR 33.101 applies. (See FAR 15.501.) This means if the last day of the timeline falls on Memorial Day (a federal holiday), your timeline is extended to the next day.
  7. PepeTheFrog loves this idea in principle (using verifiable metrics and market competition to evaluate the efficiency and effectiveness of government programs and agencies) and also in this specific application. PepeTheFrog thinks the auditing firms would make DCAA look bad.
  8. That is an interesting interpretation but PepeTheFrog is not sure it is accurate. PepeTheFrog seconds Matthew Fleharty's line of questioning on this matter. Is there something interesting to learn from Seeker, or was that a very specific assertion, limited to this scenario, and not related to other contracts for licenses, software, etc.?
  9. A thank you will never be enough, Vern Edwards. As far as the rest of the frogs, in a contracting profession where Vern Edwards is not there to set things straight: "That's it, man. Game over, man. Game over! What the [xxxx] are we gonna do now? What are we gonna do?" ALIENS (1986), Bill Paxton playing Private Hudson
  10. sjst1: You're hopping into a common mistake: Thinking that regulations which apply to federal employees conducting acquisition (FAR) apply to contracts between two private businesses ("subcontracts"). The FAR commands the federal employees to include certain clauses. You, as the prime contractor, might be stuck with those clauses. You, as the prime contractor, might be required to include or "flow-down" those clauses in certain subcontracts. Following these principles, what the help desk said sounds quite reasonable. The subcontractor can do what they want. You can also end your contractual relationship with the subcontractor, if you want. You can also choose to write better contracts with your subcontractors to avoid this type of problem in the future. If you tell a subcontractor that "the government told me something" or "the FAR says XYZ," any well-informed subcontractor is going to say, "Cool story, bro. What does it say in the contract that we have together?"
  11. Don Mansfield, The reports of PepeTheFrog's death are greatly exaggerated. That cartoonist is a cowardly fool who has no power over PepeTheFrog, who is a sentient being, beloved by millions of PepeTheFrog fans. Viva Pepe!
  12. rsenn: PepeTheFrog likes the cut of your jib! But you should be very cautious about interfering in the contracts of other parties, as funny as it would be. Talk to an attorney before you do anything rash. It sounds like the period of time to protest the award in a timely manner has passed, and the contract has moved to "contract administration" or "contract performance." If so, your options have trailed off significantly. Consider yourself to be the spurned lover, peering into a window from the hedges, hoping for the worst for a young couple. That's how the government might consider you. As far as the performing contractor, they might smoke you if you do anything improper to interfere with their business, clients, or contracts. Think carefully before you interfere in any way.
  13. Yes. Just ask your question via phone or email. You are not entitled to a debriefing.