Retreadfed
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I made the statement and it was not directed at Carl or anyone else at this forum. It was merely an anecdote regarding the problem that sometimes arises in dealing with personnel outside the contracting profession, in that case Intergovernmental Personnel Act detailees.
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Contracting officers are expected to solve problems, not be a problem. I can identify with formerfed's comments but with a twist. I once worked for an activity that utilized the Intergovernmental Personnel Act so that people from state and local government agencies, universities and some non-profits would come for assignments with the agency. Some of them acted as program/project managers. Getting them to understand the government procurement system and the roles and responsibilities of the various players in that system was quite an undertaking. I remember a guy I worked with, who was quite competent, being told by one of these detailees that he was "nothing but a pimple on the posterior of progress."
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In the original thread, we were not told if the KO knew of the "approvals" but did nothing to countermand them. If such knowledge existed, constructive approval by the KO may have occurred. On another point, there are three types of authority - actual authority, implied authority and apparent authority. The first two apply to government employees, but the concept of apparent authority does not. In the end, when all facts are examined, it may turn out that the folks who granted the approvals had implied authority so that the approvals are not unauthorized. We simply don't know.
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Contractor, is the contract one for commercial products with FAR 52.212-4? If it is not for commercial products, how is the contract priced, e.g., cost reimbursement, FFP etc.? Also, I agree with H2H your facts are unclear.
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Invoicing and Unit of Measurement Question
Retreadfed replied to jtim's topic in Contract Administration
See, the discussion of "term contract in FAR 16.306(d). -
How to fix unauthorized approvals?
Retreadfed replied to Philistines's topic in Contract Administration
Since you did not say that the approval obligated funds, I assume, perhaps wrongly, that it did not. If that is the case, I would not call it an unauthorized commitment. I would not be concerned with what you call it, if the person granting the approval only had apparent authority, then it is an invalid action and the government is not bound. -
Is it a valid contract if it was awarded contrary to statute?
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I have looked at that Code section and can find nothing in it that relates to using cost reimbursement contracts to acquire commercial products/services.
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What prohibits this although it would be stupid to enter into a cost reimbursement subcontract under an FFP prime contract.
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Joel, how do you square this statement with FAR 12.102 particularly (a) and (b)?
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Does this excerpt from FAR 15.404-4 shed any light on this? "Profit or fee prenegotiation objectives do not necessarily represent net income to contractors. Rather, they represent that element of the potential total remuneration that contractors may receive for contract performance over and above allowable costs."
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The use of cost reimbursement contracts to acquire commercial products/services is prohibited by statute.
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