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  2. I think if we think in normative terms (i.e., the way things ought to be), then there's not much debate that a debriefing should provide the offeror with enough information to understand how they were evaluated and why they were or weren't selected. What if we thought of this issue like an economist? In other words, let's assume contracting officers are generally rational creatures that respond (consciously or unconsciously) to incentives. What is the incentive to provide more information in a debriefing than the minimum required by the FAR? In other words, what is irrational about t
  3. Thank you! 52.216-10 was incorporated into the letter contract. The supplier has provided monthly cost performance reports which indicate that they are overrunning on 1 out of the 3 Contract Line Item Numbers (CLINs) to their target cost. However, at definitization, they will have the opportunity to re-baseline their cost.
  4. Thanks, I am going to check these links out!
  5. Thanks, everyone. May I ask what I should clarify? I was using allocated to refer to the payment amounts for each CLIN in the Consideration and Payment Section (maybe obligated is the right word?). To elaborate though, we have a contract that states: Estimated Cost: $XXX,XXX Fixed Fee: $XX,XXX Estimated Cost Pus Fixed Fee: $XXX,XXX And then (I could not get a good screen grab, sorry): CLIN 6 - Optional Services Component 6 (12 Months) (Severable) Estimated Cost: $XXX,XX
  6. I assume the first place you looked was the contemplated definitized contract since FAR itself is generally not applicable to a contract unless incorporated into the contract. If 52.216-10 was not already incorporated into the contemplated definitized contract, I would do so and be inclined to review the entire contract before release as there may be other important clauses missing.
  7. Maybe WIFCON is using a Huawei product somewhere in its chain?
  8. ji20874 gave you the correct clause citation. That clause, or one like it, should be in the subcontract. Assuming it is, then it clearly states that the target fee should be used--but that the target fee will be adjusted if the buyer (you) has reason to believe an overrun will happen. How would you know if an overrun is going to happen? Your subcontract should require the subcontractor to provide periodic reports (perhaps monthly) regarding current and projected financial status.
  9. PRoy asked if It is appropriate and allowable to Purchase vs rent the items using this task order or should they be “procured independently.” It appeared to me that they are currently using the task order to rent items. Didnt ask if purchase vs rent is appropriate or allowed.
  10. Yes. If your contract includes the clause at FAR 52.216-10, Incentive Fee, see para. (c)(1) and (2) of that clause.
  11. This is the only question asked. Everything else about the contract and scope came up as thread drifts. As far as lease versus, most contracts like range ops don’t get into detail like that. The OP hasn’t asked about scope. The person seems lost about whether items can be purchased for a short duration period for the immediate range need. The advice here_2_help gives is the OP should come up and ask what a long term need is and do a lease versus purchase analysis. Since rent money comes from a different pot that purchase, that’s why I suggested asking the Controller. The program off
  12. I have no idea how the above post occurred. I “copied” a single sentence from the original post and then “pasted” it into my last post but instead, the program created a new post complete with all programming code. I tried to delete it but could not edit it. The program said that it could not be edited. I did not “quote” it.
  13. Is it common practice to impose "fill rate" requirements on a performance based FFP labor contract? Is that even allowable under the FAR? It seems as though the CO is attempting to benefit from an FFP pricing structure and at the same time, penalize offerors as though it was T&M. If the contractor adequately performs IAW the the terms of the contract, can they still be penalized for not filling FFP-based positions within a certain time-frame?
  14. Tim, so sorry that I just saw this and it is probably overcome by events. Since the CLIN unit is “month” for “service support” for 9.5 months, you would likely be identifying at least the numbers of personnel to be provided. You said they will extrapolate an hourly rate. Apparently, the type and mix of employees for this CLIN is either all the same or they don’t care and won’t differentiate if there is a vacancy or other labor shortage. However, earlier, you said they would calculate the deduction by using the fully burdened rate for the position. At any rate, it looks like there is
  15. The lease vs purchase analysis is a an acquisition planning exercise but doesn’t seem to completely address the OP’s questions concerning whether it is appropriate and allowable to use an existing task order vehicle to purchase rather than rent some supply items. The lease vs. purchase analysis isn’t necessarily the KO’s responsibility to perform. Acquisition planning is a team responsibility. However, the Lease vs purchase consideration would be a valid consideration. Beyond the valid question of lease vs. purchase, there are additional considerations, as identified above. Do the
  16. FAR 12.302 If the need is procured pursuant to FAR Part 12 and based on market research a mutual release is consistent with commercial practice it would be an appropriate condition of the contract. FAR 1.102(d) If procured pursuant to other than FAR Part 12 and if based on a best value ideal, and I would add best interest of the Federal government, it would be consistent with the FAR guiding principles to add a mutual release as an appropriate condition of the the contract.
  17. Here_2_help’s response seems to be the answer to OPs question. The reason I mentioned seeking the Comptrollers input is the emphasis on mission. I assumed this was a one time effort and had special funding. But the thread seemed to drift without any further input from the OP. If range operations is ongoing, thenhere_2_helps response is exactly correct. If someone has a continuing need, funds are available, and the items are more economically acquired by purchase (confirmed by an analysis),why lease?
  18. Yesterday
  19. Did anybody perform a lease vs. buy analysis as required by FAR 7.401? Also, 7.402(a)(1) states "Generally, the purchase method is appropriate if the equipment will be used beyond the point in time when cumulative leasing costs exceed the purchase costs." Therefore, it seems to me that the question to be answered is whether the requestor will use the equipment for a period that exceeds the point at which cumulative leased costs exceed the purchase price. If so, purchasing seems to be the appropriate course of action. Not that the key word is used. Used is different from required.
  20. I was going to post a long-winded epistle about government property disposition and how a delay in providing disposition instructions can work to the contractor's advantage (52.245-1). Then I realized I was going to post about government property, and it hit me how complex and nuanced that area really is. No matter what I posted, somebody was going to find an exception, or minor correction. Not worth it. Lotus, do what you need to do. I don't think a contracting officer is going to touch a government-executed property cert with a 10-foot pole; instead, I think the matter will be punted to
  21. I don't think a contracting officer would be able to release the contractor from future claims involving fraud, so I don't believe a complete release would be enforceable. Otherwise, I can't think of why a contracting officer couldn't sign such a release. Not a lawyer.
  22. As an aside, I think we need to be careful in how we refer to overruns under 52.232-20 and -22. As some of you may have observed, many in the media, like the Washington Post and some of our elected elites in congress refer to cost growth in a contract where the increased costs are caused by government change orders or delays, as cost overruns. Obviously, most contracting professionals don't consider those cost increases as cost overruns. Therefore, I hope we do not inadvertently do something that would allow the uninformed to conflate a cost growth and a cost overrun.
  23. In that event, yes of course fee is part of an equitable adjustment and CPPC is not applicable. Fixed fee doesn’t increase for an overrun or decrease for underruns, if there were no changes in the requirement or other compensable cause. FINIS.
  24. Good idea! As I understand, the FAR requires a release of claims for cost-reimbursement contracts, time-and-material contracts, and fixed-price construction and A-E contracts -- and even then, the release of claims is due before final payment, not in association with contract file closeout. FAR 4.804, Closeout of Contract Files, does not require a release of claims as part of the Government's process for closing out contract files. Unless text in a contract requires a release of claims, the contractor is under no obligation to provide one.
  25. The Government typically wants the contractor to sign a release of claims and some certifications after work in done and paid for. Has anyone ever taken the position that they will do so, but only if and after the Government signs similar forms releasing the contractor from future claims and making similar certifications (e.g., the government has back all of its property)?
  26. Every year, when the SBA releases its annual Small Business Procurement Scorecard, I hear from a few folks who mistrust the data. “I think small business awards are being over-reported,” is a pretty common theme for Scorecard skeptics. A new GSA Office of Inspector General report is a reminder that it’s not paranoia if people are really out to get you. According to the GSA OIG, the GSA’s Federal Acquisition Service over-reported small business contracts by a whopping $89 million in just two fiscal years. The GSA OIG sampled procurements that the FAS identified as small business a
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