Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Procurements

Procurement is the acquisition of goods and/or services at the best possible total cost of ownership, in the right quality and quantity, at the right time, in the right place and from the right source for the direct benefit or use of corporations, individuals, or even governments, generally via a contract, or it can be the same way selection for human resource. Simple procurement may involve nothing more than repeat purchasing. Complex procurement could involve finding long term partners or suppliers that might fundamentally commit one organization to another. [Wikipedia]

Share your experience with procurements.

Options
Go to last post Go to first unread
fanz  
#1 Posted : Saturday, July 20, 2019 3:15:01 AM(UTC)
fanz

Rank: Newbie

Groups: Registered
Joined: 3/25/2015(UTC)
Posts: 5
United Arab Emirates
Location: maryland

Hello,
I have a very interesting situation. I am a federal employee. I have been asked to provide federal oversight on work done by federal subcontractors who perform work as Time and Material. However, their contract is not with the government. The government has a fixed firm contract with the vendor (Vendor A). I have never seen the awarded contract with vendor A so I am relying on whatever my boss is telling me. I have been told that the contract is written very broadly to support the multitude of efforts on a very complicated multi-year project. So my division hires contractors they need under the contract with vendor A without any competition. So last year they hired a subcontractor under vendor A. This contractor was hired without competition. The subcontractor is providing three hourly resources that I am supposed to provide oversight. This subcontractor is further allowed to completely embed inside the federal workforce and engages in meetings without notifying me and collects requirements, make changes to the system, adds and modifies requirements as he sees fit based on his meetings with the business owner. I have never seen anything like this. My federal boss has told me that the only thing she wants me to do is to receive the invoice and make sure the hours make sense. I cannot figure out how can I make sure hours make sense if I don't know what is being done and verify the requirements independently. I see a bunch of issues but then again I am not an expert so maybe there are no FAR violations. I don't want to raise the question to my Contracting Officer before getting some insight and fear that I may end up causing unnecessary headaches when there is nothing to worry about.

1. Can we as a Federal Government hire anyone without competition under vendor A contract?
2. Is a T&M contractor allowed to freely engage with all federal employees without having me present?
3. Is it sufficient for me to just receive the novice on completely open-ended requirements and try to guess if hours charged are acceptable?
4. Are subs under vendor A contract considered T&M if the prime contract is fixed firm?


Thanks,
Rikaku  
#2 Posted : Monday, July 22, 2019 6:41:17 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 7/3/2011(UTC)
Posts: 286

Thanks: 3 times
Was thanked: 27 time(s) in 21 post(s)
There are many many things wrong with everything written here.

First ,let me make sure I understood the biggest issue I see: the federal government has a contract with Vendor A, and the federal government is then "awarding" contracts on behalf of Vendor A to establish subcontracting relationships between these subs and Vendor A?
fanz  
#3 Posted : Monday, July 22, 2019 7:18:58 AM(UTC)
fanz

Rank: Newbie

Groups: Registered
Joined: 3/25/2015(UTC)
Posts: 5
United Arab Emirates
Location: maryland

Hello Rikaku,
Yes, this is the case. They think they can hire subs under vendor A to do the work because they cannot define requirements. I think it's quite widespread but I am only specificly aware one suituation.

Thanks,
frankgonzalez  
#4 Posted : Monday, July 22, 2019 7:47:08 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,181

Thanks: 72 times
Was thanked: 959 time(s) in 761 post(s)
With y very limited understanding of the FAR....RUN AWAY!!!
You should have voted Cthulu...the greatest of all Evils
Endless Summer  
#5 Posted : Monday, July 22, 2019 12:05:13 PM(UTC)
Endless Summer

Rank: Senior Member

Groups: Registered
Joined: 6/7/2016(UTC)
Posts: 739

Thanks: 19 times
Was thanked: 168 time(s) in 146 post(s)
Originally Posted by: fanz Go to Quoted Post
Hello,
I have a very interesting situation. I am a federal employee. I have been asked to provide federal oversight on work done by federal subcontractors who perform work as Time and Material. However, their contract is not with the government. The government has a fixed firm contract with the vendor (Vendor A). I have never seen the awarded contract with vendor A so I am relying on whatever my boss is telling me. I have been told that the contract is written very broadly to support the multitude of efforts on a very complicated multi-year project. So my division hires contractors they need under the contract with vendor A without any competition. So last year they hired a subcontractor under vendor A. This contractor was hired without competition. The subcontractor is providing three hourly resources that I am supposed to provide oversight. This subcontractor is further allowed to completely embed inside the federal workforce and engages in meetings without notifying me and collects requirements, make changes to the system, adds and modifies requirements as he sees fit based on his meetings with the business owner. I have never seen anything like this. My federal boss has told me that the only thing she wants me to do is to receive the invoice and make sure the hours make sense. I cannot figure out how can I make sure hours make sense if I don't know what is being done and verify the requirements independently. I see a bunch of issues but then again I am not an expert so maybe there are no FAR violations. I don't want to raise the question to my Contracting Officer before getting some insight and fear that I may end up causing unnecessary headaches when there is nothing to worry about.

1. Can we as a Federal Government hire anyone without competition under vendor A contract?
2. Is a T&M contractor allowed to freely engage with all federal employees without having me present?
3. Is it sufficient for me to just receive the novice on completely open-ended requirements and try to guess if hours charged are acceptable?
4. Are subs under vendor A contract considered T&M if the prime contract is fixed firm?


Thanks,


Have you been designated as the Contracting Officer's Representative on this contract? I hope the answer is no. Do you work in Procurement or Acquisitions? I don't think that's the case based on your post.

If you are the COR on this contract, you are being set up for a world of hurt. I couldn't possibly go over the role and responsibilities of a COR in one post but you are open to prosecution if you falsify documents. I'm going to guess that your boss might be the COR and they just want to shift some of the workload onto you. As long as you are not being asked to say in writing that the hours are accurate and reasonable, you're fine.

If, however, you are being asked to submit something to your boss in writing or email that certifies the submittal then STOP. The next time you get a submittal, reject it. There will be much wailing and gnashing of teeth and you just simply tell the truth... "I can't verify the accuracy or reasonableness of this data"

As for the questions you asked, the only person who can answer those concerning this specific contract is the Contracting Officer.
Rikaku  
#6 Posted : Tuesday, July 23, 2019 2:37:16 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 7/3/2011(UTC)
Posts: 286

Thanks: 3 times
Was thanked: 27 time(s) in 21 post(s)
I am going to hope that there is just a lack of understanding about the relationship between Vendor A and it's subcontractors, and this is what I think is going on (correct me if I am wrong):

There is a contract in place for Contractor Support Services (CSS) (e.g. outsourcing of administrative tasks to a contractor) or something along those lines.

Vendor A is the supplier of the CSS.

The Government places orders at either an hourly or FTE level for support services with Vendor A. The Government cannot hire subcontractors or create a relationship between a sub and a prime contractor. The Government also does not manage subcontractors, that is the responsibility of the prime (Vendor A).

Vendor A then supplies the hours or FTE(s) via its subcontractors. This is not an issue of competition, that has no place here. If the Government has a contract with Vendor A (presumably already awarded via competition, or sole sourced with justification), then this is above table and fine. The Government is not creating any new contracts here, rather it's simply executing it's existing contract with Vendor A.

You then are in charge of monitoring the deliverables and hours for the individuals providing the CSS. I would hope the contract provides for some kind of verifiable deliverable via CDRLs that the contractors are required to submit. As far as checking hours, there should be some kind of quality assurance plan in place, or means to ensure the services being paid for are actually being received. Check the contract's attachments to see if a QASP is listed. Read the PWS or SOW to determine exactly what services are being provided. Make sure the services are being performed in accordance with the contract. The contractors likely have some kind of time keeping system that you can verify that will break down their expended hours segmented by tasks. If so, you'd verify this with what is being provided and make sure it makes sense (e.g. if they charged 1,500 hours to do XYZ, use judgement and historical data to determine if that is realistic and reasonable).

Edited by user Tuesday, July 23, 2019 2:42:34 AM(UTC)  | Reason: Not specified

Rss Feed  Atom Feed
Users browsing this topic
Guest (2)
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.244 seconds.