joel hoffman Posted August 28, 2024 Report Share Posted August 28, 2024 On 8/26/2024 at 9:36 AM, Vern Edwards said: @joel hoffman and other interested persons: See the September 26, 1980 memo from GAO to OFPP, subject: Should Small Purchases Be Exempt from Complying with Social and Economic Program Requirements. Follow this link: https://gao.justia.com/general-services-administration/1980/9/should-small-purchases-be-exempt-from-complying-with-social-and-economic-program-requirements-psad-80-77/PSAD-80-77-full-report.pdf I think you'll find it interesting, especially the discussion of raising applicability of Davis-Bacon from $2,000 to $10,000. Note the discussion of arguments pro and con. I address the memo in my N&CR article. Looking forward to your upcoming article, Vern. The 1980 GAO memo to OFPP is very informative and mirrors much of my arguments. Even then, GAO was indicating that there was no need for “protection” for organized labor for small, relatively insignificant projects below the then $10,000 simplified acquisition limit, let alone a $2,000 threshold. Such contracts were reserved for small business firms. Those firms generally aren’t unionized and are burdened by administrative costs and manpower resources to comply with D-B. The GAO said that the D-B protections were designed for workers on large project [not minuscule projects that would likely be performed by non-union employees anyway]. Sorry for rambling. I’m done now. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted August 28, 2024 Report Share Posted August 28, 2024 On 8/19/2024 at 6:14 PM, WifWaf said: I am just a CO in search of how to comply with FAR 1.602-1(b). Seriously - that’s it. That's from the OP's (WifWaf's) second post, and it's the key to understanding what this thread was supposed to be about. The attention to "immortality" and Davis-Bacon has been misleading. FAR 1.602-1(b): Quote 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. Is that possible? The theoretical answer is yes. But as a practical matter the answer is no. There are too many rules (laws, executive orders, regulations, and other applicable procedures). The worst rules (in number and complexity) are in FAR Subchapter D, Socioeconomic Programs, which encompasses FAR Parts 19 through 26. Do you remember my post about the Army RFQ for mowing less than two acres of lawn 18 times a year and doing other grounds maintenance? It was a simplified acquisition for commercial services set aside for small businesses. The RFQ was 90 pages long and incorporated 105 solicitation provisions and contract clauses, and a 525-page Army regulation for grounds maintenance as the quality standard. I wrote a critical Nash & Cibinic Report article about that, which Bob published. I just completed an "audit" of that RFQ and concluded that when you print the full text of all the provisions and clauses, the Army regulation, and the full text of the Code of Federal Regulations rules incorporated into the contract by just two clauses𑁋 52.222-41 and 52.222-26𑁋the contract is more than 1,500 pages in length. Just for mowing, trimming, edging, and pruning less than two acres 18 times per year, for one year and four one-year options. If all provisions and clauses were considered the contract would be much lengthier. Although Joel has kept us focused on Davis-Bacon, it is one of the least administratively burdensome of the socioeconomic programs. FAR 52.222-6, Construction Wage Rate Requirements, is much less complex and demanding than FAR 52.222-41, Service Contract Labor Standards. FAR 52.223-20, Aerosols, is a very short clause, slightly more than ½ pate in length. But paragraph (c) states: Quote The Contract shall refer to EPA's SNA program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa..gov/snap. 40 CFR part 82, subpart G, prints out to 100 pages at ecfr.gov. I call such pages "hidden" contract pages. According to Justice Gorsuch in his new book, the 2021 Code of Federal Regulations spanned 200 volumes and 188,000 pages. Thousands of those pages are incorporated into government contracts by reference in provisions and clauses. Most COs, and overwhelmingly most contractors, are unaware of this and are not skilled in finding, reading, and interpreting those pages. And the socioeconomic rules are the most complex and demanding of all. THAT is the problem with complying with FAR 1.602-1(b). It's not how long a given rule is in place, it's how many rules we have. The government is choking its procurement system to death. Think about it. Quote Link to comment Share on other sites More sharing options...
formerfed Posted August 29, 2024 Report Share Posted August 29, 2024 Quote Is that possible? The theoretical answer is yes. But as a practical matter the answer is no. There are too many rules (laws, executive orders, regulations, and other applicable procedures). @Vern Edwards There are so many rules, it’s too much effort to ensure 100% compliance at the solicitation and contract document preparation. Most contract specialists use contract writing systems and don’t have the time or energy to verify if all the proper clauses are present. Their supervisors, contracting officers, procurement analysts, and any other reviewing personnel don’t put much effort into their tasks either. There’s little if any fallout when mistakes surface. The only repercussions now seem to be for major issues like improper influencing the awardee selection process, taking bribes and kickbacks, or antideficiency act violations. Otherwise discovery of improper rule violations just gets shoulder shrugs. Priorities to make timely awards, acquire what the mission wants above all other issues, and hitting the socioeconomic goal numbers really dilutes the importance of awarding a contract 100% compliant with all the rules. As stated, there are too many rules to enable that to happen. Quote Link to comment Share on other sites More sharing options...
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