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uva383

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About uva383

  • Birthday 05/17/1985

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  1. The term "level of effort" is not defined in the FAR. I searched to see if it was defined in either GAO decisions or a Court of Law decision. The only references I could find to this term were defined as "a number of hours or FTEs." The PMBOK defines "Level of Effort" as a specific project activity that does not yield a specific defined end product. Instead its a type of activity that represents discrete effort where time is the only way to measure the work/activity performed. In the context of a contract, a "level of effort" should be a defined unit of activity where a specific end product cannot be defined. The nature, duration, and who and how the activity should be performed should be part of the contract.
  2. See DFARS PGI 204.7105(1)(4): (a) Use of exhibits. (4) Each exhibit shall apply to only one contract line item or subline item.
  3. IMO the real question is, if the KO found the price to be reasonable, on what grounds did the auditor make their decision and what information did the auditors have that the KOs didn’t. I read the IG report but not reading the BCM or P/NM it’s hard to really see how the price was determined reasonable other than yeah this is what we paid last time and it’s in line, a little more, or a little less now than it was then… Yes, we all know we have an issue with Professionalism in the series and the training is less that stellar and many KOs just want to satisfy the PM and the incentive for the PM is to spend the money to get it off their books, which in itself is a perverse incentive. Until the goal is to not bankrupt yourself at the end of every FY and KOs take the approach that they are spending their own money rather than meet my milestone, award the thing and get the PM off my back, whatever congress passes won’t change the outcome. I guess congress could pass a law that gives them the ability to clawback money that someone determines, within a reasonable period, they overpaid for the items. But then again, who would do business with the Govt with such a clawback in the contract and who would determine whether or not the overpayment exists? Clearly the KO or the KO’s next level thought the price was fair because often the alternative is to get nothing, and in the SS environment the KTR has you over a barrel, but that exists in any environment, until new competitors enter the market and drive prices lower.
  4. OMB published a determiantion in the Federal Register this morning, Looks like it addresses the application of the EO to commercial contracts. Section 2 of Executive Order 14042 (“Executive Order 14042” or the “order”) requires that, before Federal contractors and subcontractors must adhere to any guidance from the Task Force, the Director of OMB must approve such guidance and determine that such guidance will promote economy and efficiency in Federal contracting if adhered to by Government contractors and subcontractors. The actions directed by the order will ensure that parties who contract with the Federal Government provide COVID-19 safeguards in workplaces with individuals working on or in connection with a Federal Government contract or contract-like instrument. Contract and contract-like instrument —has the meaning set forth in the Department of Labor's proposed rule, “Increasing the Minimum Wage for Federal Contractors,” 86 FR 38816, 38887 (July 22, 2021). If the Department of Labor issues a final rule relating to that proposed rule, this term shall have the meaning set forth in that final rule. That proposed rule defines a contract or contract-like instrument as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. This definition includes, but is not limited to, a mutually binding legal relationship obligating one party to furnish services (including construction) and another party to pay for them. The term contract includes all contracts and any subcontracts of any tier thereunder, whether negotiated or advertised, including any procurement actions, lease agreements, cooperative agreements, provider agreements, intergovernmental service agreements, service agreements, licenses, permits, or any other type of agreement, regardless of nomenclature, type, or particular form, and whether entered into verbally or in writing. The term contract shall be interpreted broadly as to include, but not be limited to, any contract within the definition provided in the FAR at 48 CFR chapter 1 or applicable Federal statutes. This definition includes, but is not limited to, any contract that may be covered under any Federal procurement statute. Contracts may be the result of competitive bidding or awarded to a single source under applicable authority to do so. In addition to bilateral instruments, contracts include, but are not limited to, awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; exercised contract options; and bilateral contract modifications. The term contract includes contracts covered by the Service Contract Act, contracts covered by the Davis-Bacon Act, concessions contracts not otherwise subject to the Service Contract Act, and contracts in connection with Federal property or land and related to offering services for Federal employees, their dependents, or the general public
  5. This is a good community of practice https://www.dau.edu/cop/ot/Pages/Default.aspx
  6. When using the agile methodology, I’ve done awards using the unit of “each” where each represents a sprint. You could also use each, and have it represent a minimum viable product. I’m working on an award using mVPs as the unit.
  7. There are other mechanisms which incentivize cost control. 1. The contractor’s ability to control costs in the form of cost control in the annual CPARS assessment as well as their ability to satisfactorily complete the work; 2. If the contractor exceeds the estimated cost, the government has the right to T4C If it cannot fund the increased cost.
  8. First look at the -42 clause in the existing/previous contract (if any). If the classifications are listed and appear to be correct, you may and only need to update the rate(s) to complete the clause. If there was no previous contract or if it appears that the classifications previously used were not correct use either of the following options: Option 1- if you know what classifications the incumbent contractor is using and those appear to be correct, refer to the SCA Directory of Occupations (5th Ed.) Occupational Index. This index will show the Federal Grade Equivalents (FGE) for the various labor classifications that the contractor is using. Since the functional customer would likely use similar classes if Federal employees performed the work, you may use these FGEs along with the classification titles from the SCA Directory. OR Option 2- ask your Civilian Personnel Office Classification Section to assist you in determining the Federal classification titles and grade levels. To figure out the hourly wage rate, using the Federal grade level, look up the applicable rate on the appropriate GS (white collar) or FWS (blue collar) rate schedule, as follows (FAR 22.1016😞 WG (wage board non-supervisory)- use Wage Grade Step 2 rate; WS/WL/WD/WN (wage board supervisory)- use Wage Grade Step 3 rate; GS (‘white-collar’)- General Schedule Step1 hourly rate; NF, AS, or PS- use Non-appropriated Fund (NAF) rate (no steps). I’ve found the Air Force SCA desk guide invaluable for SCA information. Link is below. https://ww3.safaq.hq.af.mil/Portals/63/documents/AFD-080711-078 (2).doc?ver=2016-08-10-105806-530
  9. Correct, as long as they do not conflict with the parent IDIQ. Often it is necessary to add additional terms and conditions at the TO/DO level as they are specific to the work in the order where the parent IDIQ was more broad in nature to allow flexibility. if the holder(s) of the parent IDIQ believe there is a conflict in the terms between the parent and an order. It should first point it out to the PCO, then if not resolved satisfactorily to the IDIQ ombudsman. It shouldn’t need to go higher than that to get the issue resolved, but if it does then a filing a protest may be necessary.
  10. Neil, I believe that 52.216-18(b) addresses your concerns about a change in an order that conflicts with a term in the parent IDIQ. MCP, see the same paragraph of the above referenced clause. Assuming this clause is in the IDIQ, it invokes all terms and conditions (including all clauses) in the parent IDIQ in all orders placed under the contract. Therefore you need not reference the same clauses in the resulting delivery order
  11. Oh ok misread that. Sps uses word as the text formatting. I would clear all the style formatting in the document and then set it how you want. To remove styles using the “Clear Formatting” command, select the text from which you want to remove the style. Then click the “More” button in the “Styles” button group of the “Home” tab in the Ribbon. Then choose the “Clear Formatting” command from the list of menu options
  12. Set the paragraphs setting to double space. Should work to add spacing. I have that issue every time they issue an update in SPS.
  13. I work in a Navy STRL contracting office and we do this all the time. we use an informational CLIN with prices SLINs to allocate hours by funding (WC, RDT&E, O&M, OPN, SCN, etc.) and work via Technical Instructions. We use a holding SLIN to hold the unallocated LOE and costs and then decrement this SLIN as TIs and funds are provided. We’ve had multiple DASN reviews and they haven’t taken exception to this approach.
  14. So I’ve been following this thread for some time and no one seems to have raised this aspect of potential unintended consequences. According to the DPAP memo, a company which is habitually late in complying with the 5 day sweep policy is exhibiting signs of a defective estimating system and may be grounds for review. many of the top DOD contractors have approved estimating systems, and in my experience, the presence of such a system usually positively affects management ratings in competitive proposals as well as cost realism adjustments. It seems as though a large contractor is stuck between the risk of missing something in its sweep and having to defend against a defective pricing claim, or possibly the loss of confidence in its estimating system which can be a competitive advantage in a competitive award. Given that many of these same companies have products and services they sole source to various DOD agencies while competing for other lines of business, this policy appears to be quite heavy handed to me. It’s almost like DPAP is threatening give me a certificate in five days or face possible downgrade of one of your business systems and thereby potentially lose future business.
  15. I would prefer to keep all three venues, but narrow the scope of what can be protested at each venue. I would also limit the number of supplemental protests that can be filed as its been my experience that protesters often file on one issue, and then through the use of supplemental protests either continue to file additional claims, no matter how outlandish with the hopes that the agency will relent and just take corrective action rather than continue to respond to additional supplemental protests. I would propose that for matters relating to the analysis of proposals or if an Offeror disagreed with how the agency handled its proposal individually, that it should be limited to protesting only to the agency. For matters where the agency was bias between multiple Offerors, GAO should be the venue, and for matters relating the agency's interpretation of statues, the COFC.
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