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Acquisition Support Personnel


RYE

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I currently work for a federal contractor providing acquisition support under a blanket purchase agreement without a statement of work. I am familiar with FAR 13.303, Blanket Purchase Agreements; however, it does not state that a SOW is required for services. It simply states "the following terms and conditions are mandatory:

(1) Description of agreement. A statement that the supplier shall furnish supplies or services, described in general terms"

What recourse is there when the COR dictates how the work is accomplished since there is no SOW?

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What is the nature of the effort and the basis for payment ? Is it a level of effort to provide general acquisition support (like what) skills ? What recourse are you seeking?

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Guest Vern Edwards

What recourse is there when the COR dictates how the work is accomplished since there is no SOW?

You apparently do not think that the COR should be telling you how to work. Right? Okay, then your options are:

1. Keep working and ask for a meeting with the contracting officer and discuss the issue with him or her. Ask what authority he or she has delegated to the COR in that regard. Ask the CO to instruct the COR to knock it off.

2. Keep working and submit a claim to the CO seeking relief.

3. Keep working, submit your invoices, cash your checks, and stop whining.

4. Refuse to accept any more calls or orders under the BPA.

That's pretty much it. You can try talking to the COR, but I doubt that will have much effect.

If this is a major money problem, you should call a lawyer.

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The contract was awarded under FAR Part 8. I provide cradle to grave contracting support.

Vern, when it became an issue 3 months ago; I addressed it with the COR...he pretty much dismissed me. So, I addressed it with my PM; as a result of that conversation, I received a Performance Improvement Plan. I have also addressed it with the COR's supervisor... no results. Prior to this individual becoming the COR, I was assigned my task and left to complete them. Now, the new COR tells me how to do everything right down to how to create a routing sheet. All based on personal preference and not regulations. It is affecting my productivity.

I'm not whining; I just want to be left alone; so, I can do my job. I did lots of research and apparently I have to file an EEO compliant prior to filing a lawsuit.

I'm looking for any written guidance I present which states CORs cannot interfere with the contractor's work. I know the Air force has such written guidance.

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RYE,

In Government contracts, the Government has an implied duty to cooperate and not hinder performance of the contractor. I don't know if this applies to your situation, but you may want to do some research on the topic. A Google search of "implied duty to cooperate and not hinder performance" will yield some good information.

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It sounds like whining to me. I think the original poster needs to raise the matter with his or her supervisor (the contractor) and then do what the supervisor says -- that will probably be to do the job and stop whining. If there is to be a claim, it is the contractor's concern, not the contractor's employee's concern. The employee just does the job.

He or she needs to learn the difference between a FAR Part 13 BPA and a FAR Subpart 8.4 BPA.

Yes, in some offices, routing sheets have to be prepared in a very exact way. Get used to it.

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The contract was awarded under FAR Part 8. I provide cradle to grave contracting support.

Vern, when it became an issue 3 months ago; I addressed it with the COR...he pretty much dismissed me. So, I addressed it with my PM; as a result of that conversation, I received a Performance Improvement Plan. I have also addressed it with the COR's supervisor... no results. Prior to this individual becoming the COR, I was assigned my task and left to complete them. Now, the new COR tells me how to do everything right down to how to create a routing sheet. All based on personal preference and not regulations. It is affecting my productivity.

I'm not whining; I just want to be left alone; so, I can do my job. I did lots of research and apparently I have to file an EEO compliant prior to filing a lawsuit.

I'm looking for any written guidance I present which states CORs cannot interfere with the contractor's work. I know the Air force has such written guidance.

Rye,

Did your employer or did the Government provide you with the Performance Improvement Plan? If the Government did, is this a personal or non-personal services contract?

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I did contract support work for contractors at client sites before I became a Fed. I worked for five different clients in four years and I can say this: Some of them just stunk. Some will micromanage and some will give you no guidance at all. I'd recommend finding a better client. That's really your best recourse. Talking to the CO and COR is just going to piss them off. Your corporate boss just cares that you keep billing.

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It sounds like whining to me. I think the original poster needs to raise the matter with his or her supervisor (the contractor) and then do what the supervisor says -- that will probably be to do the job and stop whining. If there is to be a claim, it is the contractor's concern, not the contractor's employee's concern. The employee just does the job.

He or she needs to learn the difference between a FAR Part 13 BPA and a FAR Subpart 8.4 BPA.

Yes, in some offices, routing sheets have to be prepared in a very exact way. Get used to it.

Excellent advice!

OP, you are a contractor and an employee of that company. If things aren't going right, you raise the issue within your company. Your boss tells you what to do.

It really shouldn't matter to you what the BPA says. That's something your employer deals with.

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It sounds like whining to me. I think the original poster needs to raise the matter with his or her supervisor (the contractor) and then do what the supervisor says -- that will probably be to do the job and stop whining. If there is to be a claim, it is the contractor's concern, not the contractor's employee's concern. The employee just does the job.

He or she needs to learn the difference between a FAR Part 13 BPA and a FAR Subpart 8.4 BPA.

Yes, in some offices, routing sheets have to be prepared in a very exact way. Get used to it.

ji20874,

I do the job assigned; I have 20 years of contrating experience, military, federal and corporate. I know the difference between FAR 13 and FAR 8...thank you. I don't have a problem with following regulations or any written guidance; I do have a problem when people feel free to inject their personal preference that adds no value.

I thought this discussion board was used as a way to gather information in areas where an individual lacked knowledged apparently I was wrong.

For those that did pass along useful information, thank you.

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Rye,

Did your employer or did the Government provide you with the Performance Improvement Plan? If the Government did, is this a personal or non-personal services contract?

The employer issued the PIP. They Government has never had an issue with the work I provide; they were quite please with my work until the new COR arrived.

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Rye - Life is too short not to be enjoyed. If this job situation has degraded down to this point, have you considered employment elsewhere? I truly don't mean to be unkind, but in fact I am being supportive. You should try to enjoy what you do, and if not, it may be time for the next chapter elsewhere.

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