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Vern Edwards

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  1. https://cavuadvisors.com/no-ga-on-odcs-really/ http://info.redstonegci.com/blog/why-cant-i-charge-ga-on-direct-travel
  2. And, hopefully, the original competitive solicitation and the resultant contract explained the process for awarding the follow-on contract.
  3. I don't know whether requiring vaccination of contractor employees will cause much disruption. We'll see in the course of time. It may turn out to be a bonanza for the legal profession. I believe the Executive Order was designed to show that the president was keeping (or trying to keep) promises he made during his campaign. It struck me as hasty, and its implementation by agencies has been shamefully unprofessional, uncoordinated, confusing, and chaotic. It has been a fiasco. SNAFU. FUBAR. Unfortunately, it is just one more example of professional decline in the administration of public affairs. What seems obvious to me from observed behavior is that much of the American public has moved on from Covid-19 and is willing to accept risk and casualties. (Look at the crowds at football games. And don't tell me that all those people are really vaccinated.) Our government has badly fumbled almost every facet of its Covid response and its handling of almost every other problem we have, such as leaving Afghanistan and controlling the borders. Many citizens have lost whatever faith in government they may once have had, and are no longer listening to anything the government has to say. Covid fatigue. Crisis fatigue. In the 1990s President Clinton wanted a reformed government that works better and costs less. He didn't get it. What we have now is a government that barely works and costs hundreds of fortunes.
  4. The following is an excerpt from an article in the October 20 edition of The Government Contractor: "FEATURE COMMENT: A Federal Contractors’ Guide To The Evolving COVID-19 Safeguard Requirements" by Scott A. Schipma, Michael J. Schaengold, and Aaron M. Levin of the Government Contracts Practice at Greenberg Traurig, LLP (GT):
  5. In order to avoid mundane and repetitive work, I changed jobs every two years. Like clockwork. That might be easier to do today than it was in my youth, thanks to changes in the workplace and worklife. I spoke with a Boeing engineer recently who changed his place of residence from the Atlantic Southeast to the Pacific Northwest, but kept his job in the same program. His boss said that he didn't care where he lived, since they were all tied together by IT. It's the terrifying business challenges that make worklife worthwhile.
  6. Most contracting work is mundane and repetitive. That's just a fact of life. If you want interesting, challenging work, go to a place where the contract actions are sole source and large dollar value and where you'll work with program managers, scientists, engineers, and contractors who respect people who are interested in what they do, can figure things out, and can get things done quickly and with a minimum of hassle. Show program managers, scientists, and engineers that you understand their work, can write their sole source justifications or statements of work or fix their drafts, negotiate complex deals without excessive delay, and have the respect of the various legal and administrative review staffs, and they'll love you and treat you well. That's just my opinion, which is based on personal experience and preference. I wouldn't want to spend a career lifetime buying nuts and bolts or processing FSS orders for mundane service requirements. I would want to be a team problem-solver in a complex system.
  7. It's not evidence of anything except that contracts and orders must be modified. How you do that is a practical matter. I feel like I must give a course in basic contracting. There are IDIQ contracts and there are IDIQ contracts. Under a single-agency, single-award contract there would be nothing wrong with cutting a single bilateral mod covering both the contract and specified orders under that contract in order to incorporate the clause in both. Under a single-agency, multiple-award contract you would need a mod for each contractor, but you could still mod each contract and specified orders in a single bilateral mod. Under a multi-agency contract the managing CO would mod the contract, but each ordering agency should modify its orders. The above will work, even if REAs or claims result, unless your contracting or legal staff are boneheaded and stupid.
  8. Maybe, but don't underestimate the ability of our legal system to turn "knee jerk" into costly litigation. One person's "knee jerk" is another's "bread and butter". Ever read H.G. Wells' novel "The War of the Worlds"? Well, "intellects vast and cool and unsympathetic" may be standing by and "slowly and surely [drawing] their plans against us." Americans are among the most litigious people in the known universe. Someone gets sick at work and files suit against their employer for not complying with the mandate. Better, perhaps, to think and discuss now than to wait for a legal onslaught. Maybe the best offense is a good defense.
  9. If you are a contractor, ambiguity about this matter is a good thing, because it may raise a defense against accusations about false claims. If you are a CO, the ambiguity is easily avoided by expressly addressing the matter in the bilateral mod, stating that the contractor agrees not only to adding the clause to the underlying IDIQ contract, but also to all ongoing task orders. Any CO who adds the clause to the contract and assumes that it applies to orders issued before the effective date of the mod is simply foolish.
  10. I wonder if the DOD class deviation violates 41 USC 1707, Publication of Proposed Regulations. I have searched the Federal Register and have found no proposed, interim, or final rule implementing its provisions to date. The deviation memo makes no mention of a waiver pursuant to 41 USC 1707(d). Even if publication is waived, a notice must be published in accordance with 41 USC 1707(e)(1). If the deviation must be published and has been issued in violation of 41 USC 1707, the policy might not be enforceable. From a 2013 article:
  11. @prestonmlNeither do I. Nor have I seen any express mention of contracts for commercial items in any of the policy documents issued thus far to implement the E.O. If I were in your place I would say that the rule in FAR 44.402 and the DFARS still applies, and I would not flow the clause down to commercial item subs until authoritatively instructed otherwise in writing.
  12. This morning, Bloomberg Law published an article entitled, "Vax Rule’s ‘Gray’ Areas May Help Contractors Beat Fraud Claims." It opens as follows: The article is well worth reading if you have or can obtain access.
  13. @REA'n MakerWhy are you worried if they're currently on contract to finish a job? Are you worried that they'll catch Covid?
  14. Talked to an engineer from Boeing last night. He said, "No worries." Boeing had instituted mandatory vaccinations on the government (NASA) program that he works on some time ago. He said it didn't cause any problems or loss of workers.
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