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About policyguy

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  1. As far as I am aware all contracts to which the Federal Government is a party must be governed by Federal law under the Supremacy Clause, Article VI, Clause 2, of the United States Constitution and principles of sovereign immunity.
  2. Obligate the total estimated costs including fixed fee (see DoD Financial Management Regulation 7000.14-R, Volume 3, Chapter 8, paragraph 080403).
  3. If you haven't already see FAR Subpart 42.9-Bankruptcy and clause 52.242-13 for policy. Also, as it states in the FAR and if you haven't already, you need to contact your legal office right away.
  4. FAR 32.702 - "32.702 Policy. No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any contract, the contracting officer shall— (a) Obtain written assurance from responsible fiscal authority that adequate funds are available or (b) Expressly condition the contract upon availability of funds in accordance with 32.703-2."
  5. There is a concern within DOD about the shrinking of the industrial base. Here's an example of one of those articles for reference: "American exodus? 17,000 US defense suppliers may have left the defense sector" https://www.defensenews.com/breaking-news/2017/12/14/american-exodus-17000-us-defense-suppliers-may-have-left-the-defense-sector/
  6. Seems to me to be a technical correction that does not require public comment. On what basis do you assert that this requires public comment?
  7. I came to the government from private industry via an Acquisition and Contracting Intern Program. If you have a Bachelor's degree that has a minimum of 24 business credits you should qualify. My intern program was a 2 year program starting at the GS-7 position and at the end was GS-11 - this may vary among the Departments and Agencies. Here are two web sites for reference: https://ncweb.ria.army.mil/dainterns/ http://www.acquisitionacademy.va.gov/schools/internship/ You may also consider, if you have not already, joining the National Contract Management Association (NCMA) that provides opportunities for training and networking: https://www.ncmahq.org/ NCMA has an upcoming Government Contract Management Symposium in December in Arlington, VA, that may also be a helpful source for you to obtain information.
  8. I found these definitions from a 1999 GAO Report: "Outsourcing refers to the transfer of an existing federal business or administrative function to the commercial sector, with the government remaining responsible for the affected services. Privatization refers to the transfer of a federal business or administrative function, including the responsibility for the affected services, to the commercial sector." OUTSOURCING AND PRIVATIZATION: Private-Sector Assistance for Federal Agency Studies GGD-99-52R: Published: Mar 26, 1999. Publicly Released: Mar 26, 1999. http://www.gao.gov/products/GGD-99-52R
  9. House Joint Resolution 37 (Pub. L. 115-11), signed on March 27, 2017, disapproves the final rule implementing Executive Order (E.O) E.O. 13673, Fair Pay and Safe Workplaces, as amended by E.O. 13683 and E.O. 13738 (FAR rule 2014-025, 81 Fed. Reg. 58562, August 25, 2016), and states that the rule shall have no force or effect. On March 27, 2017, the President signed E.O. 13782, which revoked the E.O.s underlying this rule. Many sections of E.O. 13673 and FAR rule 2014-025 (e.g., FAR 52.222-57, 52.222-58, 52.222-59, and 52.222-61) had already been enjoined by the United States District Court for the Eastern District of Texas in October 2016. However, the Court Order did not enjoin implementation of those sections of the FAR rule that addressed the paycheck transparency requirements contained in the E.O. (i.e., section 5 of E.O. 13673), including FAR 22.2005, 22.2007(d), and FAR clause 52.222-60. The paycheck transparency requirements, which became effective for solicitations issued on or after January 1, 2017, are now by law null and void. The FAR Council has initiated FAR Case 2017-015 to remove the Fair Pay and Safe Workplaces requirements from the FAR but the final rule has not yet been published in the Federal Register. Because FAR rule 2014-025 is now null and void, departments and agencies are taking steps to comply with House Joint Resolution 37 in anticipation of this removal by the FAR change. These steps include: 1. Contracting officers are being advised to ensure that open solicitations and solicitations to be issued do not include any of the provisions or clauses at FAR 52.222-57, 52.222-58, 52.222-59, 52.222-60, or 52.222-61. 2. Contracting officers are being advised if a solicitation has been issued with one or more of the provisions or clauses at FAR 52.222-57, 52.222-58, 52.222-59, 52.222-60, or 52.222-61, that they immediately amend the solicitation to remove such provisions or clauses. 3. If an existing contract contains one or more of the clauses at 52.222-59, 52.222-60, or 52.222-61, in accordance with FAR 1.108(d), contracting officers are being advised to attempt to modify the contract to remove any of the aforementioned clauses. By law, FAR rule 2014-025 shall be treated as if it had never taken effect. I would suggest you check and see if an amendment to the solicitation has been issued to remove the questioned clause. If not I would then contact the contracting officer that issued the solicitation and see if he or she is aware of these changes as well what action they plan on taking e.g. are they going to issue an amendment to the solicitation removing the questioned clause. I hope this information helps.
  10. Members of the FAR Acquisition Teams are Government employees from DOD & Civilian Departments and Agencies. The FAR Acquisition Finance Team works cases assigned to the Team by the FAR Principals for FAR Parts 15.4, 28, 29, 30-32. Additional information may be found in the FAR Operating Guide at the following web link: http://www.acq.osd.mil/dpap/dars/docs/FAR_Operating_Guide_July_2015.pdf
  11. Here's an interesting GAO Protest Decision on page limitations that you may find interesting to read. It was a best value RFP to at least two fixed-price, IDIQ contracts, for a period of 5 years. The solicitation was issued as a small business set-aside, and established a minimum contract value of $2.9 million, and a lifetime ceiling of $120 million. The solicitation instructions limited proposals to 25 pages, specified the margin settings and font sizes to be used, and required that proposals be submitted electronically. (GAO Decision B-299305, Mathews Associates, Inc., March 5, 2007 http://www.gao.gov/decisions/bidpro/299305.htm). This topic has been covered previously at WIFCON - here's an example: http://www.wifcon.com/arc/forum350.htm I'm not a fan of page limitations in offers but I understand the argument for using them.
  12. This is too important an issue for you and your company to seek advise in this type of forum If you and your company have not already done so hire a good government contracts attorney and get them on the case ASAP.
  13. In my experience funding was a main concern on whether or no not an option would be exercised especially if there was a Continuing Resolution.
  14. Some agencies, like NASA, use voting members and non-voting members on the SEB. To my knowledge DOD does not use voting members so that is why you cannot find a reference in the DFARS. For more information on how NASA uses voting members on the SEB see the NASA FAR Supplement 1815.370 NASA source evaluation boards at: https://www.hq.nasa.gov/office/procurement/regs/1815.htm In addition the NASA Source Selection Guide provides agency-wide guidance to individuals participating in the SEB process and contains information on voting members and is available at: http://prod.nais.nasa.gov/portals/pl/documents/Source_Selection_Guide_March_2012.pdf.
  15. He provided some good examples in a previous blog entry that I suggest you may want to review:
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