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Everything posted by poisonivvy

  1. Our contract requirement is flowed down from the agency (Dept of Energy) through CRD O 206.1; which defines PII as: "Personally Identifiable Information (PII). Any information collected or maintained by the Department about an individual, including but not limited to, education, financial transactions, medical history and criminal or employment history, and information that can be used to distinguish or trace an individual’s identity, such as his/her name, Social Security number, date and place of birth, mother’s maiden name, biometric data, and including any other personal information that is
  2. I took a snippet of what Vern said in posts above and completely agree. Although on the dark-side as a contractor employee, I've had experiences between DOJ, DOE, HHS, and DOD. I'm currently working in a DOE environment for the last four years. With the civilian agency mindset, we're always thinking on our toes and with very creative solutions. When HQ or headshop says no, you will find ways to execute the mission. Because there is a certain lack of discipline or even in-line fighting and revolving door shuffling, one solution never fits the bill for all parties involved. The mission also
  3. Retread is thinking of the False Claims Hooper vs Lockheed Martin case-- "The case of United States ex rel. Hooper v. Lockheed Martin Corporation (No. 11-55278 9th. Cir. 2012) alleged that the Lockheed Martin Corporation submitted false and gross underbids in order to ensure the company won federal contracts related to the Range Standardization and Automation IIA (“RSA”) program, which is overseen by the United States Air Force." From a synopsis at: http://bergermontague.com/blog/index.php/false-claims-act-court-rules-lockheed-martin-can-be-sued-for-underbidding-on-government-projects/ Edit-
  4. One scenario to think of when it goes bad- what happens when one of the major primes turns in an REA or Claim due to the actions/delay of the PMO Contractor? The fingerpointing and blame will go around for days. And from the other side of fingerpointing--when the PMO Contractor gets evaluated and the other major primes/CORs/COs accuse the PMO of not playing nicely in the sandbox with all the other primes for actually enforcing due dates, conformity, or schedule. You may also run into conflicts of interest in the reporting structure. Especially when technical evaluations or contractor perform
  5. If I've got a CO written clause about giving employees equivalent pay in Section H or I, would that trump a wage determination listed in Section J as an attachment (say the WD is higher than 'equivalent'). Or If I bid on paying equivalent to the incumbent per the RFP clauses and contract award comes in with different SCA WD, how I could argue my case before signing the award. Actually, in hindsight I'd see how the RFP was written and run.... Far away from it.
  6. May I derail the thread further and ask your opinion about these clauses that I've seen before. I'm always curious to think (yes, unlikely) that if the incumbent was paying below SCA...then as a scummy contractor, this could be my trump card that I provided 'equivalent' pay...not above and beyond utilizing the terms of my contract. I know that answer isn't a good one for DOL when they come sniffing though and see a wage determination incorporated later on in precedence as an attachment. "The Contractor shall provide equivalent pay to employees receiving a hiring preference as compared to pa
  7. We haven't been able to get that fly with a new LLC Joint Venture. A potential solution is to hire your Corporate Parent schedule holder as a subcontractor--who can use the schedule.
  8. Also check the RFP and the newly awarded contract. Ours had instructions, provisions, restrictions, etc on incumbent staff from the Government.
  9. In my current experience, I really wish our government customer had not put numbers in the RFP.... 1. The numbers were projections and based on data from 2004-2006. By the time they went through the hooplas, reviews, proposals, and protests we're a good 5 years down the road. The data were pretty much worthless once you throw in ARRA and any looming budget issues. 2. It made the people who bid the contract quite lazy and they just backed into a number, rather than coming bottoms up to see what it what really take to do the job. "Throw in a little of this, a little of that" was the mentality
  10. Especially in terms of what happens if someone gets injured or strains their back when taking out the trash--who pays and who gets sued. I realize it may be just small carry bins-- but we have to report first aids and paper cuts here at our site
  11. Can you also use the GPEA 44 USC 3501 in your arguments as well with the internal reviewer? I know you say the agency does not have supportive authentication-- but I'd check the link to see what, exactly, authentication is needed--is the signature embedded in the document, or does it appear separately? GPEA- "The Act specifically states that electronic records and their related electronic signatures are not to be denied legal effect, validity, or enforceability merely because they are in electronic form, and encourages Federal government use of a range of electronic signature alternatives."
  12. And now the fast and furious turn to get our subcontracts, charging guidance, and everything else in place as our fed customer has finished their procurement actions! Instead of champagne, can we have the choice of an un-interrupted nap?
  13. That was the best part about the class, you had to use your brain and think on your toes. No PowerPoint droning on and on. Still fuming with myself over not remembering the name of FAR Part 6...otherwise could have graduated with honors. The worst part--you'll never find another class like this unless looking verrrry hard. Makes any training classes that management mandates after this one quite a snooze fest to attend. In my- what next question- I'm challenging myself to reading, challenging, and understanding rather than depending on training to come around. Made it through the Cibinic a
  14. A little bit of both in our experience. After we merged we were allowed to keep the schedules until the PoP expired. Then we were required to consolidate into one vehicle/bidding entity as they came due for option extensions. However, IIRC, we had to novate the incoming company schedule to a version of our name. At one time, we had 3 GSA IT-70 schedules... Edit- Here's another sample of how GSA treats multiple contracts: http://www.gsa.gov/portal/content/227585 "GSA encourages contractors who have more than one MOBIS contract as a result of the merger to select one MOBIS contract to continu
  15. Thanks for some afternoon entertainment with reading delight! Wish they'd let industry chime in though--several of us "dirty scummy" contractors might have some good ideas too that the Feds don't see amongst themselves! I think my favorite so far is (saying that they are trained well): STOP Highering Contractors "In the Federal services we have pretty much trained personnel to fulfill any type of work that could present itself. So why on earth would we overpay a company typically made up of previous federal or state employees to do the same work they were sometimes doing right before they q
  16. It's interesting to see how many small businesses want to sign up for (cost prohibitive equipment and labor) environmental remediation or sign up for an ESPC that has the reward of being paid back by savings over 20 some odd years while ponying up for the equipment and labor investment! Nature of the beast, like DOD I suppose with building aircraft and weapons. I might nod and say that DOE is somewhat trying. Our contract has a 50% small business subcontract goal/plan. So while the award was not necessarily given to a small business, they're still trying to get some of the dollars out there
  17. Thought I should throw this semi-recent CBCA into the fire (2054): The Motion to Dismiss because of privity : https://www.google.c...v30q6DW2B0k3IjA The final settlement- https://www.google.c...XNkudQ2WlS9upZg
  18. The CO and the specialist working our contract now have some sort of strange feelings/phobias against using CLINs. We are given "pots" of money and have to internally break them down. Guess that's what you get when the majority of folks have a M&O mentality. We have had several conversations, sent a few letters, but now are just hoping we can make good informal suggestions and convince the folks of the better tracking and reality before any option years...otherwise we may have to wait for contract end or retirement and a new eager beaver CO. We shall see! Does your corporation have rules o
  19. For giggles, we were imagining the face response of our CO's if we told them verbally that we were thinking about turning into a non-profit corporation on April Fools day.
  20. Just a friendly reminder hanging out from my Boot Camp class a few years back...As I read (including the Scope!) FAR Part 45 this afternoon before carefully drafting a letter.
  21. Are we talking about exclusivity or confidentiality? I don't think the two conflict as they are different approaches. In more explanation towards the second comment, we don't turn around and do double proposals. We are either prime or sub. The comment is geared more from an OCI perspective of having access to unfair information and to confidentiality rather than exclusivity. I'd argue that in most cases where people enter the exclusivity junk in the T.A., it really should be chopped out as the intent is on confidentiality and ensuring a proper non-disclosure agreement is in place before
  22. Yikes! Hope you keep your proposal teams and tech guys firewalled away from each other for the individual proposal responses. If I were the prime, I'd be concerned you know my inside info and turn around and make your proposal better...
  23. Two thumbs up! Our legal team won't even consider a teaming agreement if there is an exclusivity clause buried in it. I've only seen one or two in our entire corporation that have been able to get legal to even *consider* the request with mucho, mucho, mucho rationale and dire circumstances.
  24. One chapter subsection per night- Cibnic and Nash- Administration of Government Contracts For Non Mental Stimulating Days- Jeffery Deaver- The Burning Wire
  25. I'm a millennial PWAC--so I don't have the history of knowing if the grass is greener on the other side, but... Our specific contract mandates that everything must be submitted in electronic form to the government (be it proposals, correspondence, mods, etc). That's what you get for be a contractor with an un-named agency that prints with soy ink on recycled paper Do I miss the days of having to print out 6 copies of subcontractor backup data in addition to our voluminous proposal and do binder book check to make sure pages are not out of order, everything is stapled, looks perfect, printer
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