Jump to content
The Wifcon Forums and Blogs

Recommended Posts

Guest Vern Edwards

"Trenches" is not a good metaphor. Why would you want to spend the rest of your days in a trench? It recalls the static warfare of WWI. It's holding one's position.

Today's 1102s should be mobile, maneuvering, continuously seeking tactical advantage. Like Patton said on May 31, 1944, to the Third Army:

"I don't want to get any messages saying that we are holding our position. We're not holding anything, we'll let the Hun do that. We are advancing constantly, and we're not interested in holding onto anything... ."

Link to post
Share on other sites

leo:

Keep your copy of the DFAR final rule with an effective date of nearly 2 weeks ago and document it in your contract files where necessary. Write a handwritten note on it and explain that you checked with the "higher ups" who told you to wait until you were told by the "even higher ups." Be professional in your note and polite.

There is always the possibility that someone other than the "higher ups" will read your note and understand why it is there. There were times when I read such notes, understood the purpose of the note, ignored the author of the note, and directly went to and questioned the "higher ups."

Link to post
Share on other sites
Guest Vern Edwards

Too much work. I say just ignore then and proceed in accordance with the rule. Upon review of your file they can take it out if they want to and you can document the file accordingly.

Link to post
Share on other sites

Too much work. I say just ignore then and proceed in accordance with the rule. Upon review of your file they can take it out if they want to and you can document the file accordingly.

I agree with Vern, not because "it's too much work," but because when a final DFARS rule is published and effective immediately, then everyone subject to the DFARS is obligated to comply with it. FAR 1.602-1 says:

"1.602-1 Authority.

"(a) Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority (see 1.603-1) clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.

"(b ) No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. [emphasis added]"

DFARS is one of the regulations that DoD contracting officers must comply with, so if you don't, then you may be operating outside the scope of your authority.

Link to post
Share on other sites

Vern and Navy Contracting:

So, although leo is correct, are you recommending that Leo risk a charge of insubordination?

Leo:

You wrote: "I like being in the trenches doing the work, dealing with people and issues." Been there, done that. Maybe I have found someone to take over this web site when I'm dead and gone.

Link to post
Share on other sites
Guest Vern Edwards

Yes, I think leo should be insubordinate, for his bosses' sakes. He won't get in trouble for following the rules.

What really bothers me about documenting the file as you suggested is that it seems to be designed to show that the bosses broke the rules. I don't know why they told leo to hold up, but I don't like the idea of putting something in the file just to show that a colleague/boss was in the wrong. That probably does not make much sense, but I put a high premium on loyalty to even a dumb boss. For instance, if I worked at the Missile Defense Agenct I would have refused to talk to the IG about my boss's (allegedly) bad behavior. I'm told that he was very effective at his job, but harsh to subordinates. I wouldn't have gone against him just for that. I can take harsh.

Link to post
Share on other sites

Vern and Navy Contracting:

So, although leo is correct, are you recommending that Leo risk a charge of insubordination?

I believe in acting within the limits of my authority, and compliance with the regulations, as required by the FAR and my warrant. I would revisit the issue with management and explain why compliance with the rule is mandatory. I would not issue a solicitation or contract that was knowingly not in compliance with the FAR or DFARS.

Link to post
Share on other sites

Trenches aside, I like doing the day to day work. I am a retired US Army SFC - that may explain why I enjoy actually working for a living (a joke people!!). I have moved around - perhaps not as much as some but I have worked at several different offices learning much from each. Funny you mentioned Patton and 3d Army - I was in 3d Army 1990 - 1993 (yep - Desert Shield/Desert Storm). BTW - I'm not a "he".

While I have had to document my contract files on several occasions when I did not agree with a KO, I will not do so here. The entire back and forth is in e-mail traffic.

After yesterday's WIFCON discussion, I went back to my "chain" and asked that he reconsider his decision not to use the provisions, even though they are now plainly in the DFARS. He, once again, and this time with attitude, told me to wait until "policy" came down with implementation instructions. Other people were on that e-mail and they have read his instruction.

Are KOs so afraid to act on their own knowledge that they must wait until someone above them tells them what to do? I think Don is correct - I should not have asked and just started using the provisions.

Link to post
Share on other sites
Guest Vern Edwards

Let's think this through. Has the boss asked anyone to sign a contract that is not compliant with regulation? Has the boss told anyone to issue a solicitation that does not comply? The only reason to document the file would be to explain why you did something improper. Being told to wait is not, in and of itself, improper. Signing a noncompliant contract would be improper. Issuing a noncompliant solicitation would be improper, but not as improper as signing a noncompliant contract, because the solicitation noncompliance could be remedied by amendment before contract award.

I admit that the boss's instruction is odd, but did anyone ask the boss if the higher ups had ordered everyone to wait for implementation guidance? Did anyone ask the boss what kind of guidance is expected? Did anyone ask the boss how long it would be before guidance comes down from on high? We're hearing only one side.

Link to post
Share on other sites

Vern:

Your said: "The only reason to document the file would be to explain why you did something improper."

If you are responding to my last note, you read too much into it. Leo could have a file in her desk for different things--including a hard copy of that e-mail exchange. If she ever needs to produce that piece of paper, it is available for her.

I agree. The boss may have a reason for waiting.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.
×
×
  • Create New...