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policyguy

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Everything posted by policyguy

  1. 1. What is your all time favorite book? A Christmas Carol 2. What is your all time favorite song or album? Aria Nessun Dorma by Luciano Pavarotti 3. What is your all time favorite movie? Citizen Kane
  2. I would first recommend you check DoD 7000.14-R Financial Management Regulation Volume 2A, Chapter 1, paragraph 010202 that provides exceptions to full funding of procurement programs. The most recent edition I could find was from October 2008 that made changes in this area and may be of help to you. Not sure if there is a more recent edition but again I would check the DOD FMR first.
  3. Use the GSA FAR site: http://www.acquisition.gov/far/ For DFARS use the DPAP site: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html I have found that the Hill AFB FAR site is unreliable and not always up to date.
  4. I am aware of the Army using Ordering Officers - see "AFARS 5101.602-2-90 -- Appointment of ordering officers". I'm not sure how much they are using them now but in my past experience they did use them mainly on IDIQ contracts with delivery orders for spare parts that were FFP. I seem to recall it worked well but involved formal training for the ordering officers and good monitoring by the contracting officers. From my past experience it worked well and helped reduce cycle time for delivery order actions.
  5. There was a time when you could request an opinion from GAO but most agencies do not allow that so I would recommend you/PCO send a written request through your legal and financial channels to the DOD General Counsel. This should answer your question and you can move from that and have support in the file in case there is a subsequent ADA investigation, audit or IG review. Bottom line: if you still have a question get the answer in writing from the proper office - DOD General Counsel.
  6. If the contracting officer has evidence of receipt of the goods and final payment has been made then the contract should be closed - - see FAR 4.804-1 (a)(1). Absent supplemental local guidance I don't believe you need to verify that the payment was received by the contractor only that payment was made.
  7. Appointment of COR is in accordance with agency procedures - - see FAR 1.602-2(d) - - so you may want to see what your agency procdures require. I would tend to think that there is probably a COR Handbook or COR Guide for your agency that has samples of appoinment letters and probably contain some form of acknowledgement of the appointment.
  8. I tried to work by the adage that when in doubt always try and put something in the file. Since you work for the Army you may want to refer to a recent DODIG Report on ACC-APG and the lack of file documentation concerning J&As. Another key item in the report was the recommendation that the Army agreed to that required administrative action against the Contracting Officer. Here is an excerpt from the report: "...ACC-APG contracting personnel did not have adequate documentation justifying the award of one contract as sole source..." Here is a link to the full report: http://www.dodig.mil/pubs/documents/DODIG-2013-003.pdf In sum it never hurts to put something in the file that provides explanation.
  9. Congrats but before you award yourself that on the spot cash award perhaps you might want to take a step back for a moment of reflection and see that you probably had some help along the way to this decision? If this is indeed the case you may want to change the "my" to "our" in the title of this post. In my expereince a number of people put a great deal of time and effort to obtain these types of decisions and rarely, if ever, is it done by one person. A little expression of gratitude and thanks to everyone who was involved will go a long way especially if you work with these same folks again on another competitive buy.
  10. According to GAO "...The use of altered work schedules is more difficult for Government contractors than for other employers because of legislation which requires payment of overtime premiums when emplyees work more than 8 hours a day..." Here's the link for reference: http://www.gao.gov/products/PSAD-76-124
  11. I beleive it would be a claim and the KTR would have up to 6 years unless the CO agreed to a shorter time - - see FAR 33.206.
  12. Probably as soon as possible but the Termination Notice would state that the contractor has the right to appeal under the Disputes clause of the contract - - see FAR 49.402-3(g)(7).
  13. Deja Vu all over again: http://www.wifcon.com/discussion/index.php?/topic/2204-excusable-delays-for-construction/
  14. Does the contract contain the clause 52.249-14 Excusable Delays? If so I believe the clause would be the authority for the CO do modify the contract "completion time" IAW paragraph © of the clause.
  15. If the RFP indicated that other information available to the CO would be evaluated I don't see why the CO could not evaluate this information and if it was determined to be a weakness in the Offeror A proposal then at a minimum ask the offeror about it during discussions. It is an interesting question and I don't seem to recall any recent protests based on social media information but with the way technology is moving it could be just a matter of time until there is a protest. I have read artilces about hiring of college graduates where employers are looking at social media sites and the pages of the applicants so it may be the next step that choosing a contractor this way may happen.
  16. I would suggest first having a talk with your Competition Advocate - - see FAR 6.501 & 6.502. Based on your limited information above you may have an issue with supporting a S/S procurement and I would tend to think that at the estimated dollar amount of the proposed procurement (approx $2.5M) the Competition Advocate would need to weigh in on this. Maybe a face to face meeting with the Progam Office, PCO, and Competition Advocate would be beneficial.
  17. If the RFP is using "Standard Form (SF) 33 Solicitation, Offer and Award" see block # 22 and if one of the blocks is checked that would be an indicator that it is sole source. You could also do a search in FBO using the solicitation number and see what the synopsis indicates.
  18. Another way of looking at it - - current year needs with current year funds. It appears the option is for current needs in FY 14 so you would need FY 14 funds. Additionally, check to see what the Option Clause(s) say as well. Not sure how you could justify exercising the option in September without FY 14 funds.
  19. What did your research come up with? What course(s) of action did you develop? For instance can you even change the contract from T&M to FFP? If so how? Is the contract covered under SCA? You don't provide a lot of information so it is difficult to provide suggestions on how to proceed so doing additional research may be beneficial.
  20. I believe the agency supplment would control - - see FAR Subpart 1.3 Agency Acquisition Regulations - - for additional information.
  21. I would refer to FAR 15.307 Proposal revisions.
  22. Happy Birthday and appreciate your efforts!
  23. Are you using simplified acquisition procedures? If so see FAR 13.106-2((1). You may want to consider following the procedures at FAR 14.407-2 Apparent clerical mistakes or FAR 14.407-3 Other mistakes before the award. Cannot say for sure what avenue to take without additional information but this gives you a place to start.
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