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leo1102

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Posts posted by leo1102

  1. Not "how and why" they lose the nets, but rather, how to prevent them from losing the nets. I was intrigued as well, and a quick google search turned up the following article from USA Today:

    http://www.usatoday.com/news/nation/enviro...servation_N.htm

    One could argue that this is money well spent because it may ultimately help reduce the amount of derelict fishing gear lurking in the deeps that poses a danger to other innocent marine life, boats and the environment generally. Additionally, it appears that we've spent a fair amount of tax dollars just trying to recover some of this stuff.

    As for these research services, my bet is that they would be considered commercial.

    Thanks for the link. I read the article. Makes much more sense now. Commercial Services.

  2. I would keep a noncondescending friendly look on my face and would not respond. Other people privy to the discussion or to the e-mail traffic are well aware of my diligence, loyalty and mission focus. The foolish person who made the accusation looks plain stupid and unable to handle pressure and will soon lose the respect of his or her audience. A bully is always a bully and accusations are meanless unless backed up by factual information. Don't feed into the hype.

  3. Almost 12,000,000 hits came up with I searched. Here's a good article on the subject from Government Executive magazine:

    http://www.govexec.com/features/0200/0200personalbiz.htm

    At $20/month for coverage, this implies to me that the chances of a lawsuit or need for this is really small. Insurance premiums are based on risk and the risk seems almost nil.

    Thanks for the info and the link. Of the 12M hits, I did not click on this article. I found the article to be very informative and thought provoking. I appreciate the response.

  4. My short answer is that the quality of legal services provided to a contracting office depends on the attorney assigned. Is he/she actually a contracts attorney? Has he/she taken the DAU or other contract law courses for an overview? Does he/she understand the FAR, DFAR, AFAR, US Code, etc? Does he/she understand OMB guidance regarding fiscal law and contracts? Oftentimes the legal advisor to contracting is performing other duties as well, in fact, being legal advisor to contracting may be the least of his/her duties.

    For example -

    The attorney/advisor for the Contracting office at Ft Benning is TOP NOTCH. His reviews are thorough and his edits are always on point. The reviews are done in a timely manner. He provides instruction and references so the KS and KO can learn. He is considered an important part of the contracting community and is well respected.

    The attorney at another installation, who shall be nameless in this blog, is the polar opposite. His reviews were shoddy and frequently amounted to no more then grammatical errors. His review was just a required signature and we all knew it.

    Currently, we are required to have a legal review on any action over SAT. This includes initial awards or modifications. I agree with this. We are also permitted to request a legal opinion on less than SAT if the acquisition is unusual or complicated. The turn around time for a legal review is usually less than 5 days. It is important to remember to include legal reviews in your acquisition timeline. There is more than 1 attorney advisor and who is assigned depends on the subject matter; i.e. construction, A/E, Economy Act, services or supplies. I find this beneficial since the contract review load is spread out among 4 separate attorneys each of whom hold their own knowledge base.

  5. Wow Brian - Don't you think your response to a first time poster is a bit harsh?

    fereirra - If I remember correctly, when I was part of Army Contracting Command, we were required to post ALL sole source synopsis and a J&A to FedBizOps as well. Perhaps your agency has similar guidance. The FAR states that anything over $25K must be posted unless it meets one of the exceptions. Does your requirement meet any of these exceptions?

  6. I am a DoD civilian contract specialist with an agency that does not deploy any of its civilians to the Middle East (or anywhere). I have heard much about how the DoD desperately needs contract specialists to deploy to the Middle East (and other locations) and I am willing to go. I have been trying to find opportunities to deploy, but I have not had any luck. I have submitted applications with the Civilian Expeditionary Workforce, various USAjobs notices, Army Contracting Command, and other places, but I have not received any responses.

    I have about one year of experience, which I thought would be enough. Any advice?

    Also, I would appreciate any general thoughts on deploying to the Middle East as a contract specialist.

    Thanks!

    I work for the US Army Corps of Engineers - It appears as if the personnel deploying are primarily GS-12 or above 1102s with at least 5 years of experience on a TDY basis for up to 6 months and under a PCS with return rights for up to one year. All of the 1102s that have deployed were warranted contracting officers. Each was a graduate of the DAU contingency contracting course and at least CON Level II certified. My opinion - one year is not enough unless that year was spent in a contingency contracting environment. If you e-mail Gen Petraeus, be prepared for whatever the consequences may be - positive or negative. I spent 20 years in the military and that is a HUGE jump in the chain of command. I admire your willingness to service in a contingency environment, I just think it is too soon in your contracting career. I encourage you to expand your knowledge base, your practical experience, and your educational endeavors.

  7. I agree - Just because it has always been done does not mean it has been done correctly.

    The statement I have used at installation level is:

    CLIN XXXX is exercised subject to the availability of funds under FAR 52.232-19. FY11 funds will be provided once available. In the event that FY11 funds are not immediately available after 1 Oct 11 - In the absence of a Fiscal year 11 Continuing Resoution Authoirty (CRA) or Annual Appropriation (AP), it is imperative that this office exercise judgment to determine which contract requirements are essential to the support of on-going programs, projects or operations. It is determined that the services your company provides under this contract are essential. Based upon this determination, you shall continue to perform, under the contract and all terms and conditions have full force and effect. When a CRA or AP is enacted or approved, your contract will be modified to obligate the funds made available.

  8. Is therer some provision that allows a Contracting Officer to knowingly be aware that a Contractor is working at risk when no funds are received for health, welfare and morale, i.e., support for dining facility, building maintenance? Does anyone know of a provision that would allow this in a Garrison invironment?

    Have you discussed services that are essential to the support of on-going programs, projects or operations? Does your contracting office have an "Essential Services" statement in the contract?

  9. I am responding to a FFP solicitation for commercial items. The SF 1449 calls out 52.212-3 Alternate I (Mar 2011) but Section L (provided as an attachment to the solicitation) specifies that FAR 52.212-3 (Nov 2007) should be included in my price proposal. Does the SF 1449 have precedence? The period for questions has closed. Appreciate any advice.

    Why not address both in your proposal just to be safe?

  10. Interagency Agreements are required for funds being transfered from the requesting Federal agency for work to be performed by the servicing Federal agency. OMB guidance makes this very clear. If an exemption is requested, it must follow OMB and your agency protocol. I also agree with Vern. Contact knowledgeable personnel. Not all contracting personnel are familiar with Interagency Agreements.

  11. In reference to FAR 36.203(a):

    "An independent Government estimate of construction costs shall be prepared and furnished to the contracting officer at the earliest practicable time for each proposed contract and for each contract modification anticipated to exceed the simplified acquisition threshold."

    There is debate in my office as to whether the "anticipated to exceed the SAT" applies only to the modification portion of the sentence or to both the proposed contract and modification portion.

    Do we need an IGE for a small construction contract that is not anticipated to exceed the SAT?

    Thanks

    My interpretation is that the IGCE is required for each contract (regardless of the amount) and for each modification that exceeds $150K.

  12. My opinion - It is not reasonable to test a KO with a limited warrant who is performing SAP Commercial installation-level acquisitions on acquisition procedures for non-commercial R&D or Construction. As a KO I am in support of primarily SAP supplies and services. I have little to no experience in non-commercial R&D or Construction contracting and would not accept a warrant in support of either.

  13. I thought I would just say hello. I was recently hired as a 1102 in the Keystone program. While researching about the contracting profession, I found this site.

    Any words of advice for someone new like myself? What to do, or what not to do? B)

    Welcome to the fold. Below are words of wisdom provided by Vern Edwards on this forum in 2005. I have it printed out and read it at least weekly as reminder and as inspiration.

    First, remember that contracting is truly important work and that it is crucial to the security and well-being of our country (of our families and neighbors) that it be done well.

    Second, all apprentices must weather that time when they are under the control of others, people who may or may not be dedicated to excellence. Use this time to study and learn. Work for mastery. Dedicate yourself to this goal: I will let no one know more about my work than I do. You cannot achieve that goal, which is why you should try.

    Third, keep in mind the inherent shortcoming of on-the-job training, which is training by rumor and innuendo.. This means that in order to become excellent you must read and reason. You must organize your own curriculum and pursue it relentlessly for the rest of your working life.

    Fourth, don't be discouraged by the fact that many of the people around you are not first rate professionals and never will be. Excellence is rare in all walks of life, because it is difficult. Here is some inspiration that I have found useful:

    ? No man ever reached to excellence in any one art or profession without having passed through the slow and painful process of study and preparation. Horace

    ? It is a wretched taste to be gratified with mediocrity when the excellent lies before us. Disraeli

    ? To aim at excellence, our reputation, and friends, and all must be ventured; to aim at the average we run no risk and provide little service. Oliver Goldsmith

    ? Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but we rather have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit. Aristotle

    ? Excellence in any department can be attained only by the labor of a lifetime; it is not to be purchased at a lesser price. Samuel Johnson

    ? Each honest calling, each walk of life, has its own elite, its own aristocracy based on excellence of performance. . . . James Bryant Conant

    It is not the critic who counts, not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man (and those who join him) in the arena, whose face is marred by dust and sweat and blood, who strives valiantly... who knows the great enthusiasms, the great devotions, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who have never known neither victory nor defeat ? Theodore Roosevelt

    Whatever you do, don't take a paycheck to do something that you know you can't do well. And don't believe that you are competent because you work hard or because you try hard. That's kiddie-sports feel-good-about-yourself bull. Devotion to hard work is good, so is trying hard, but it is not enough. A bad job is a bad job, no matter how hard you worked at it. Get tough about that.

    You can be an excellent professional through devotion to study on your own time or you can be a middling Saturday mall crawler who thinks Cinnabon makes good cinnamon rolls, that you can buy a decent bagel west of the Hudson river, or that you can find a croissant anywhere in America. Make up your mind, commit to being the best, and then move out smartly.

    The above was written by Vern Edwards 2005 and posted to the WIFCON forum.

  14. Vern - Just like your writings in 2005 about excellencce in contracting, this latest will become a Word document and be posted on my office wall to inspire me to be the best. With your permission, and acknowledging you as the author, may I share your post with other 1102s who are not registered on WIFCON?

    One more thing - I would be interested in your traits for those who are "expert, excellent, superb, brilliant, etc".

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