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carol

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Everything posted by carol

  1. Sorry. I should have said that the freeze does NOT apply to CBA or increases to meet SCA and DBA wages.
  2. DOE M&O contracts are cost reimbursement contracts awarded to LLCs specifically created to fulfill the DOE contract. Pay and benefits are not necessarily equivalent to the parent organizations pay and benefit structure. Since the contractor is not subject to the same pressures to limit pay and benefits to what is necessary to hire and maintain a qualified workforce, the contract terms of the M&O contracts require the contractor to submit annual compensation plans. Any changes to the plan, increasing or decreasing pay or benefits must be approved by DOE. DOE's authority to deny pay raises is based on those contract terms. The freeze on pay raises does apply to raises under CBAs or mandated by SCA, DBA, etc.
  3. Bring Your Child To Work

    Does the agency allow the Contractor to hold diversity celebrations/meetings; participate in blood drives during work hours; participate in wellness programs during work hours, etc? Although not directly in support of the contract SOW, if consistent with the Contractor's personnel policies and reasonable, this is often allowed. If so, then I don't see the distinction for participating in take your child to work day. If the agency consistently insists that only work directly required under the statement of work is reimbursable, then there is no reason for this to be an exception.
  4. Technical Evaluation Team

    I know of no prohibition to a having a CO be part of the TEB. I've worked for DOD and a civilian agency and over the years, I have participated in the evalution process in a variety of roles, from voting member to an non-voting advisor and once I was even the TEB chair. Just like the rest of the TEB members, the decision on the role played by the CO/CS should be based on what's being evaluated and whether or not the CO has the expertise to evaluate the information provided in the proposals against the critieria. The one consistent aspect in all of the source selections is that I have always been a active participant. Even when I was not a member of the TEB, I read the proposals and sat in on the discussions to ensure that evaluations were conducted consistently with the FAR requirements and the evaluation plan. You should conduct training prior to beginning evaluations, but there are always additional questions that come up during the evaluations. The CO/CS should be there to make sure that when questions come up about the process, that the guidance the TEB gets is correct.
  5. Don, There is a difference between a contingent liability, as discussed in the red book, and contingencies which may be allowable. FAR 31.205-7 ©(1) allows for the inclusion of contingencies in estimating future costs if those cost 1) arise from known and exisiting conditions and 2) the effects are forseeable and can be estimated with reasonable limits of accuracy. Escalation on multi-year efforts is a contingency. Scrap rates on production is a contingency. Most construction estimates include contingency for scrap and rework. If the estimated amount of contingency meets the FAR requirements, it should be included in the negotiated cost/price and funding obligated to cover the negotiated contract value. FAR 31.205-7©(2) excludes contingencies that arise from unknown conditions or known conditions where the effects can not be measured precisely enough for equitable results to the contractor and the government. Under example given, I agree that undefined emergencies probably don't meet the critieria for inclusion in the contract price and should not have been funded, but I've had the arguement with too many government folks that assume all contingency is unallowable to not provide clarification.
  6. How many hours in a Person Year?

    The number of productive hours per FTE can vary. Not only do different companies have different policies for vacation and sick leave, there are other factors such as company specific training (non-reimbursable), jury duty, reserve duty, time off for short term disability, pregnancies, etc. I believe the 1980 is an average based on a large population taking into consideration all non productive time off. That?s the reason that you end up with a partial day. I?ve seen the number used for years, but I?ve not validated whether it is still a representative average. The specific number of hours equivalent to an FTE for a particular contract can vary. If looking at a small population of employees, a company may not factor in some of these potential causes of lost productivity. If the contract is to provide 5 FTEs or the hours are equivalent to 5 FTS, then it would too inefficient to have a sixth person on staff just in case an employee gets pregnant and needs a couple of months off. If the work force is several hundred, history will tell you that over the course of a year, X employees will go out on maternity leave, Y employees will be out several months on reserve duty, Z weeks will be spent on jury duty, etc. The demographics of the work force, male/female, young/old, can also impact it. Because of the variables, I am always hesitant to dictate the number of hours per FTE. Tell the contractor what is required, whether that is to perform these tasks or a need for 20 guards, 40 hours a week. Let the company figure out how many people need to be hired. If you need to know how the FTEs relate to the number of hours, have the company provide number of productive hours they used and the basis for that number.
  7. You can find a link to DFARS and other agency supplements under the Rules and Tools section of WIFCON. Before looking at the DFARS, check to see if your agency has included a weighted guidelines in its FAR supplement. Per FAR 15.404-4((1), agencies making noncompetitive contract awards over $100K and totaling $50M or more a year are required to use a structured approach to determine fee. Although agencies can use other agency's structured approach, if your agency has developed a weighted guidelines or other structured approach you will need to use that instead of the DFARS.
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