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policyguy

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  1. Can a new government contract/purchase order that is under SAT be awarded without the vendor's signature and only be signed by the Contracting Officer? Yes. See FAR 13.302-1. If the contracting officer wants to get the contractor's acceptance of the purchase order before performance then signature from the contractor prior to the contracting officer is done. See FAR 13.302-3.
  2. I'm not sure what you mean by "job analysis". It might be best if you are Government to try OPM. Here's a web link to start: https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/#url=Occupational-Series Hope this helps.
  3. For Government suggest you start your research with US Office of Personnel Management: https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/1100/contracting-series-1102/ Another source is National Contract Management Association - Career Path in Contract Management: Career Path in Contract Management (ncmahq.org) Hope this helps.
  4. As an 1102 you will need to obtain continuous learning e.g. CLPs. The current requirement is 80 CLPs in a two year period and for the current period it ends April 2024. I understand after this period the requirement may increase to 100 CLPs (May 2024 - April 2026). I would suggest that you look into finance/accounting courses/classes as part of your CLP requirement in addition to any require procurement or leadership courses/classes. In the past as an 1102 I took classes/courses in program management and was able to obtain a Level 1 certification in Program Management. 1102 training is going to change to include the CLPs so become familiar with the continuous learning requirement(s) and research if the requirement(s) will allow you to obtain finance/accounting training. If so this will help you down the road if you decide to explore opportunities in finance/accounting. If you are in a civilian agency for more information on CLP requirements contact your agency Acquisition Career Manager and also visit FAI at https://www.fai.gov/training/continuous-learning-opportunities
  5. Vern - thanks for all the wisdom thru the years and hope you recover soon!
  6. If you are DOD you can obtain assistance for commercial determination and similar support from the DCMA Commercial Item Group: https://www.dcma.mil/Commercial-Item-Group/ There may be a commercial determination for the widget in question in the website database. If you're not DOD it wouldn't hurt to make an inquiry and see what they say. Also, you may want to check within your Department/Agency for a similar commercial support office.
  7. Interesting case. And it was decided 9-0. Having lived in NJ (not far from the NJ port in Newark, NJ) the decision is correct in that the port operates very differently today than when the compact was put in place in the 1950s. These large container ships carry so much and the containers are so high on the ship that they had to raise the Bayonne Bridge to provide for the larger ship heights. I guess it would be prudent for any future compacts between states include termination or other clauses on how the compact ends. I don't think they can stay silent anymore based on this decision.
  8. I found this article that may be helpful: https://www.mayerbrown.com/en/perspectives-events/publications/2022/12/us-ndaa-for-fiscal-year-2023-important-changes-to-procurement-laws-and-policy
  9. Great posts - very informative and may be helpful to others in the future - well done!
  10. I would suggest in addition to checking with DMCA legal, if you have not already, obtain and review the Letter of Offer and Acceptance (LOA) between the foreign county and the US. It may not indicate the contract type but I found it was an important document and always reviewed it when I worked FMS buys. I made sure a copy of the LOA was in the contract file.
  11. If I understand you correctly what you are seeking to do may be permissible. See FAR Subpart 1.4 - Deviations from the FAR, as well as your agency FAR supplement, and local supplement/guidance.
  12. Excellent article. Thanks for sharing/posting. Sadly I don't see improvement any time soon.
  13. The base contract has the term and conditions and the delivery order is the order and payment etc. If the base contract did not have the DPAS clause it could not be applied to the delivery order. Since this action is with DOD you can obtain information from the office that handles DPAS: The Deputy Assistant Secretary of Defense Industrial Policy - contact information is as follows: Deputy Assistant Secretary of Defense Industrial Policy 1400 Defense Pentagon, Room 3B854, Washington, DC 20301-1400 (703) 697-0051 osd.mibp.inquiries@mail.mil https://www.businessdefense.gov/
  14. It's my understanding that OMB OIRA grants approval for the information collection for three years. After that time the agency must obtain approval for the information collection and as part of the renewal process the 60 day & 30 day notices are used to validate the information collection especially what the agency believes is the burden on the public. It's my understanding that if there is no OMB OIRA approval for the agency collection then the agency cannot collect that information. I believe there are consequences if they do but not sure what OMB OIRA can do as far as actions against the agency for using an unapproved information collection. It's my understanding that the information from the Federal Register Notices are used by OMB OIRA in the approval process. My impression is that OMB OIRA wants to reduce the burden on the public and will take seriously the responses from the public on the information collection. That is my understanding on what this exercise is about. This process may be connected with a final rule; however, once approved in the final rule the renewal of the information collection is a separate process due to the three year limit.
  15. EO designation number: Executive Order 14063 https://www.govinfo.gov/content/pkg/FR-2022-02-09/pdf/2022-02869.pdf
  16. You will need to see the clause that is flowed down to your company from the Prime. It's my understanding each Department & Agency will issue its own FAR Class Deviation and there is a possibility that, depending on the Department/Agency, the clause may apply to COTS. It will all depend on the policy that issued in that Department/Agency FAR class deviation. You also may want to locate the website for the Department/Agency that you support in the next weeks to see what guidance they are providing to contractors. Hope this helps.
  17. I believe the Federal acquisition system is complex. I have read and heard for many years that the Federal Government should run like a business but I think this is incorrect. I believe reformers should look not at business but other Governments. What do other Governments, for instance countries in the European Union, and their acquisition system, do or not do, that could be used to improve the US Federal acquisition system?
  18. Here is a GAO decision that you may want to research: GAO Decision B-318046, Library of Congress—Obligation of Guaranteed Minimums for Indefinite-Delivery, Indefinite-Quantity Contracts under the FEDLINK Program, July 7, 2009, https://www.gao.gov/assets/b-318046.pdf
  19. From the article it does not appear he has much of a background in Federal Procurement. If the past is prologue with recent OFPP Administrators I don't think he will be in the position very long.
  20. I noticed in the decision reference to several different dictionaries such as Oxford English Dictionary, Webster’s Third New International Dictionary, Random House Dictionary of the English Language, etc. I would take from this that when considering the use of a word you may need to research several different dictionaries.
  21. You may want to check NCMA and or Bloomberg Government as a source. I found a report by NCMA and Bloomberg Government on 2013 Government Contracting that contained data on 1102 work force "Total Number of 1102s, 1998–2013" and "Average Number of Contract Dollars Obligated Per 1102" and they may have better data in a more recent report. Here's the link for reference: https://www.govexec.com/media/gbc/docs/pdfs_edit/061914cc3.pdf
  22. I would check within your Department/Agency for new supervisor training. When I became a supervisor for the first time I found I had the technical knowledge and experience but very little when it came to being a supervisor. Leadership is nice but if you have a subordinate that needs to be placed on a Performance Improvement Plan do you, as the supervisor, know what that entails and how to do it? For reference below is a link from OPM on Supervisory Leadership Development: https://www.opm.gov/wiki/training/Supervisory-Leadership-Development/Print.aspx In light of the Pandemic there are new HR polices in place with more coming in areas like: Excused Leave for Dependent Care/Caregiving; additional leave under the Families First Coronavirus Response Act (FFCRA) During the COVID-19 Pandemic; a new Paid Parental Leave Program; policies concerning teleworking, etc. Much of these polices fall on the supervisor to know, implement, approve/disapprove for subordinates, etc. In sum try and get as much training about this part of the job e.g. being a supervisor as you can. Good luck!
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