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NenaLenz

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  1. In case you haven't seen it, Department of Commerce deviated from the FAR Clause, section (d) to lower the trigger to the micro purchase threshold. Although many agencies are encouraging broader flowdown at the prime level, to my knowledge no other agencies have gone this far. DOC clause is 1352.223-99 "...(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the micro purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas." https://www.commerce.gov/sites/default/files/2021-10/PM 2022-01 FAR Class Deviation Vaccine vF.pdf https://www.commerce.gov/sites/default/files/2021-10/PM 2022-01 Attachment A.pdf
  2. @ji20874 I appreciate your point that even though the EO's may share the same language we should not assume the phrase means the same thing. Fair enough. Is there any way to read the COVID vaccination EO to not reach any employees at the HQ office just because a small district office (one office out of dozens of offices around the country) is working on a covered contract?
  3. I want to discuss the phrase employees who work “in connection with a covered contract” to define covered contractor employees. If we ignore the issue of employee proximity for now and just focus on the reach of this phrase, can anyone help me understand which contractor employees stay outside of its scope? I know this phrase has been used in other EOs (minimum wage, paid sick leave) so I took a look at DOL guidance: See: Executive Order 13658 Frequently Asked Questions (FAQs) | U.S. Department of Labor (dol.gov) Questions 16 & 17. GSA suggests https://www.gsa.gov/cdnstatic/COVID EO Protocols Industry Meeting Final_0.pdf Can anyone explain how they interpret this? I read this to suggest that G&A wouldn't be covered. But the Safer Workforce Taskforce specifically calls out the basic back office functions as covered: https://www.saferfederalworkforce.gov/faq/contractors/ There must be a limit, right? Let's say there is a company with branch offices with employees that work directly on the contract (e.g., laborers, local mangers, office staff creating invoices, etc.) and there is an HQ building in another state that houses company HR, legal, accounting, executive leadership. Could the company keep the HQ staff out of the definition of "covered contractor employees"? What qualifies as "duties necessary" under the contract? What facts matter? What do we need to consider? (Please ignore proximity and risk of covered employees visiting the HQ). Thanks for any insight.
  4. Large public company is looking to hire a government contracts compliance professional to help build and manage a federal/state/local contracts compliance program. They do not currently have a program in place. Anyone here aware of a recruiter that specializes in this type of hire? Any recommendations would be much appreciated. Thank you.
  5. Yes, sound advice, but to implement that advice, we need a plan. This conversation is about what makes sense to put in the plan.
  6. @Neil Roberts - There is no rule precluding subcontracts. Yes, the company does have long-term agreements with material suppliers. It is my understanding that none of these agreements are with small businesses. Because those are long-standing agreements that pre-date this government contract and will not be modified for the performance of this government contract, I do not believe those long-term agreements are necessarily government subcontracts. I suppose we could propose that when those supply agreements are up for renewal, the company could use good faith efforts to identify and contract with small business suppliers. But my understanding is that we already know there aren't any small businesses that make the specific items that will need to be purchased under those supply agreements. Therefore, I am not sure what subcontracting goals make sense to propose--the company most likely won't hit any targets we set. For overhead item goals, could we include them in the individual plan or would those need to go in a commercial plan?
  7. @Don Mansfield a fair response to a vague question. I’m trying to figure out whether the VA can require the company to submit a plan that includes goals that are not zero. As I read the rules, there will not be any “subcontracts” involved in performance of the contract. Therefore, putting any goal other than zero is not attainable and I don’t even know what good faith efforts toward meeting the goal would look like. The company has its supply chain established with long-term agreements in place with the suppliers for the materials that the company uses to self-manufacture the products. None of this will change for performance of this contract. The company has no other federal contracts under which it could pick up credit using a commercial plan. This can’t be a unique situation. How do other companies handle this?
  8. Client is applying to get on VA Schedule to sell medical devices. There is no way to engage small businesses is any part of performance of the contract. VA will not accept a individual plan with a goal of zero. What should the company do?
  9. Because this is a micro-purchase for a COTS product on the VA FSS, there was no requirement for competition if the procurement agent gets a Dr. Rx. My understanding is that the VA Dr and patient saw the product and tested it to make sure of fit and function for the specific needs of the patient. The Rx was sent to purchasing dept. When a product was delivered to patient home, it was an entirely different product.
  10. Yes, the company learned about it -- this is helpful. Thank you
  11. Yes. We are the supplier that the doctor and patient prefer.
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