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About formerfed

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  1. That’s the way I read it too. This kind of ties in to one of the Q&As in the OMB memo. Nobody addressed it as if it’s the elephant in the room. It’s really no different that commercial retainer fees or paying contractors to maintain idle production lines intact under Defense Mobilization
  2. A read through a Congressional Research Service report on the effects of the virus on contracting. This one section on this clause caught my attention. I completely forgot about it and it’s pertinent to the prior discussion we had here https://crsreports.congress.gov/product/pdf/LSB/LSB10428 I remember a similar clause is used in many civilian agency contracts as well, especially for DHS and HHS contracts. It seems this where contract price adjustments are appropriate for telework as well.
  3. Here’s something relevant to what was discussed on progress payments: https://www.defense.gov/Newsroom/Releases/Release/Article/2129497/partnering-with-the-us-defense-industrial-base-to-combat-covid-19/ So another example of someone, or a group, taking charge and doing something positive
  4. This is from Ryan. Let me know if you can’t download it https://dl.orangedox.com/COVIDCID
  5. Don, I see where we have a disconnect. I don’t think Ryan’s determination is saying everything is treated as if they are commercial. So that part doesn’t apply. I think he’s saying a class of procurements in response to COVID-19 are ALL commercial. It’s not a situation where non-commercial are treated as commercial. Rather the nature of the buys ARE commercial. So using the raised FAR 13 threshold to buy commercial items are in effect for COVID-19 responses. He made that distinction in a recent post saying everything qualifies as commercial using the FAR part 2 definition.
  6. The original post never mentioned FAR 12.102(f) and nothing claimed that’s the basis. Ryan states FAR 18 which says under 18.202 then under FAR 13.500 (c) As I mentioned, Ryan and his team are sharp. When they do something, it’s done right and responsively. Also nobody knows commercial items like they do. If they say supplies and services will be commercial, they are.
  7. We are all nit picking on multiple topics and the country and world is in a crisis. If I were a CO and had this in hand, I would proceed without questioning. This reminds me of a saying from one of the most knowledgeable acquisition people ever - “I put in place the perfect contract but the mission failed”
  8. I bet this is correct as stated. Ryan and his team are all sharp. Just a guess but determining this facilitates “defense against....” is a justification. Regardless of my speculation, I’m sure this is what they intended. We’re speculating and there’s no need. The determination is in place.
  9. No it’s not. The deviation covers customary
  10. Neil, Why are you saying technical breach of contract? The government is providing something beneficial. The CO can provide notification of that change.
  11. Neil, First COs are overwhelmed now. Doing numerous contract modifications to simply increase percentages from a DFARS change is low on priorities. If it was me, I would simply email all my contractors and worry about formal modifications later. Second, this is for contractors benefits so there shouldn’t be complaints. Lastly, why would there be a rush of contractor filing suits?
  12. formerfed

    Coronavirus Impact

    ji20874, I couldn’t agree more. You hit the nail on the head. Its like the old chicken and egg analogy. Do COs lack boldness and promptness in taking actions because they get second guessed and delayed to the point where they lack motivation and confidence, or are all the reviews and approvals in place because COs weren’t capable?
  13. formerfed

    Coronavirus Impact

    That last quote in the memo that “this is not business as unusual” is what this is all about. Of course nothing from OMB or other agencies say give away money, don’t use business judgement, or grant new authorities. You all are missing the issue which is make things happen quickly. That’s why OMB sent the memo to agency heads instead of OFPP. That’s why lots of phone calls are going on about “this isn’t business as usual”. You can’t tell contractors to suddenly telework, shut down the government, and curtail many routine government/industry interactions and expect contractors to perform without any financial impact. All this says is for contractors to get with COs, explain matters, and submit documentation of impacts. It’s also saying for COs to quickly analyze, negotiate, and issue modifications and renegotiate contracts when applicable. As I mentioned earlier, many agencies aren’t set up to do that. COs aren’t capable, procurement offices are filled with bureaucratic reviews and approvals, and typical actions like this takes many months to perform. Be honest and ask yourself what’s the typical time at your agency to process and settle REAs? All of this is within existing rules and regulations. I just saw DoD now is using 95% progress payments for small and 90% for large. I also heard CFOs are being told to speed up all payments and delays won’t be tolerated.
  14. formerfed

    Coronavirus Impact

    ji20874, Perhaps. Certainly those agencies where the procurement function is well understood, including its importance, getting prompt action may not be an issue. However in lots of agencies, the OMB memo and other policy guidance just refers to COs. Likely the assumption by senior management is COs will take care of things. I view this as an opportunity for 1102s to take charge, show initiative, and makes things happen.
  15. formerfed

    Coronavirus Impact

    Agreed. And I’m not saying that. But what I am saying is many contracting officers don’t know what to do, but they should, or afraid to act unless someone tells them word for word what they must say and write. Guidance to contractors say work with your COs, tell them how you are addressing issues, and get CO buy in. When companies incur significant costs from teleworking such as need to purchase computers, licenses for specialized software, communications, etc, they must tell COs their plans, provide documentation and supporting rational, and COs need to quickly analyze , negotiate, and modify the contracts. Not the normal six months that often is the case.
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