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  1. Today
  2. The basis of your indirect cost rates is your fiscal year, except in very rare circumstances such as business combinations. If a contract year crosses more than one of your fiscal years, you need to have two sets of indirect rates (one for each of your fiscal years). For example, assume CY1 starts October 1st and ends September 30, but your fiscal year starts January 1st and ends December 31st. You will have a set of indirect rates for base year (CY1) performance between October 1st and December 31st, and another set of indirect rates for CY1 performance between January 1st and September
  3. Yesterday
  4. Good point about using another vehicle and about not offering an alternative. However, the supervisor appears to have ignored the KO’s “no” for that contract.
  5. Job Boards, Staffing Firms and if you are a small business, perhaps the Small Business Administration Office can help you.
  6. #1 I contemplate there would be a separate fee established for the base, and each option period of contract performance. For payment of fixed fee, FAR 52.216-8 should be included in the solicitation and contract. It provides information about payment and certified final indirect cost rates. #2 FAR 52.216-7, which should be included in the solicitation and contract, includes information regarding final indirect cost rates and billing rates as indicated below. (d)(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Fe
  7. I haven’t had experience in this situation but I’ve had enough similar situations to say it’s not easy to assess employees for the cost. For starters every agency has their own procedures and policies for HR matters. Many agencies have extremely strong unions that support employees. Telling an employee they have to personally pay for a class may not go far. In this case, the employee benefitted from attending a course. We don’t know for certain but since it was substituted for an approved course, it probably is related. The employee then received knowledge. So we are implying the co
  8. Dear Readers, I have chosen to go by the route of doing subcontracting work for a Prime Contractor. For that reason I need to hire employees who can do work in the contracting business and will be federally compliant. I have turned to your guys in the hopes that I would be pointed in the right direction. How can I to hire my subcontracting team? I am looking forward to your input. Thank you
  9. For small businesses and their teammates, few topics in government contracting are as confusing as the limitations on subcontracting for set-aside and socioeconomic sole source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong, and a contractor can face major penalties. Wouldn’t it be nice if someone would explain the limitations on subcontracting in plain English? Well, if you’re a PTAC counselor, you’re in luck. On November 5, 2020, Koprince Law LLC Senior Partner Steven Koprince will present a session at the 2020 APTAC Fall Confe
  10. My first thought was "oh no then we'd be subject to multiyear contracting rules!" Then I re-read FAR 17.1 and though "why the heck aren't we doing this?" I noticed this organization has had some issues with missing their window to exercise options, resulting in contracts ending then the team has to scramble to reacquire those services. It seems like just doing a 5 year contract that's SAF each year would eliminate that issue and possibly reduce our administrative burden. Unless I'm missing something... Edit: Answered my own question! Edit 2: @C Culham Maybe I am missing someth
  11. Hello Readers, So my current situation is searching for an outsourcing firm that hires employees within the federal contracting business. I am looking to form my team who will be doing subcontracting work for Prime contractors. Are subcontracting opportunities being posted after the Prime Contractor has already been awarded the contract? Should you require any clarification let me know and I will be more than happy to explain. I am looking forward to your input. Thank you
  12. Thanks for your help in advance. I have two questions, both pertaining to a CPFF effort. I am a contractor assembling a proposal to be a prime. Question #1: The contract period is a base period of 1 year, followed by 2 option years. The government fiscal year and the contract period dates do not line up. I have costs broken down by element by both the government fiscal year and contract period. Will the fee $ amount be set based on the government fiscal year, base period, or base period plus option years (very unlikely I imagine)? The contract will be completion form, but the "end product
  13. The SBA’s new rule on Consolidation of Mentor-Protégé Programs contained a lot of updates. One of those was concerned the level of control that a lead joint venture member has to have over a joint venture. In particular, SBA now says that the lead venturer doesn’t have to have unequivocal control as the Office of Hearings and Appeals had suggested in the past. The other joint venture partners can have some say in the joint venture, but how much? Earlier this year, we wrote about an OHA decision involving a service-disabled veteran-owned joint venture. The joint venture in question req
  14. Why not just a five year contract subject to availability of funds every year? FAR 32.703-3(a).
  15. Based upon the limited information in the original post, it would be foolish for the government to pay the contractor for this unauthorized commitment. Employee #2 had no authority to agree to or to send #1 to the class. If the government accidentally paid it, they need to demand a refund. A refund could be processed during a regular invoice cycle, thus returning the funds to the program. The contractor should bill the student. The government should discipline employee #2 and perhaps recover TDY costs, if any, from whoever approved TDY orders. This is based upon the premise that the KO
  16. @Contract, time, I was assuming from what was stated above, that there was a written contract released by the contracting officer for the first course, and after it's issuance as a contract, the course became full, a substitute was offered by the contractor, and an employee attended the substitute course. Can you confirm?
  17. Great idea! Float the balloon, and see what happens. In addition to FAR 37.106(b), see also FAR 32.703-3(b). I wish EVERY severable services contract would get off the 9/30 end date.
  18. Last week
  19. Agree that no contract exists. I remember a couple decisions from years ago saying contractors bear the burden of ensuring the government employee they are dealing with has full authority. But as far as the employee rights and obligations, this is a HR matter for a labor relations or employee relations specialist to address. Any advice from most of us here along these lines is about the same as our medical advice.
  20. @Contract time, I can think of a situation where the government was billed and as a "business decision" it was decided to pay the supplier for various reasons, yet not ratify the employee action and request re-payment from the employee. We do not know the facts or rationale for the agency letter. You have indicated you searched in FAR for an answer without success. I am not surprised. I don't imagine this agency letter is the kind of thing you would find to be controlled in FAR as specifically permitted or prohibited. Rather it may be a permissible business judgement per FAR 1.102. The letter
  21. Good afternoon everyone. I've been following this thread because CMR is typically a quick annual reporting process, however, the switch from ECMRA to SAM has created quite a bit of confusion. I was able to find the possible reason as to why a contract is not listed. On page 4 of the "SCR Guidebook 21 October 2020.pdf", there are new thresholds that must be met to require reporting. https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr (2nd Button - SCR Guidebook) Reporting Thresholds DoD contracts pulled for FY20 reporting are those where (1) period of performan
  22. Was the letter issued in regard to a suitability or clearance action or a standards of conduct issue? The possibility exists that the agency is treating this as a failure of the employee to pay his/her just debts.
  23. If the agency denies (says NO to) the ratification request, then no payment will be made to the vendor and there is nothing to collect from the agency employee. If the agency grants (says YES to) the ratification request, then the payment should be made from agency funds -- collecting money from an employee to pass to the contractor to satisfy the agency's ratification decision would be an appropriations augmentation, right? Collecting from the agency employee is nowhere discussed in the excellent resource Carl shared (at least, I didn't see it).
  24. They're intending the POP to be from date of award to 9/30/2021 for the base, then 12 months for each period after.
  25. Here is a reference that may be helpful. See Pages 3-12 and 13. https://tjaglcspublic.army.mil/publications?p_p_id=110_INSTANCE_Jnxja3uDhXvh&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_pos=2&p_p_col_count=4&_110_INSTANCE_Jnxja3uDhXvh_struts_action=%2Fdocument_library_display%2Fview_file_entry&_110_INSTANCE_Jnxja3uDhXvh_fileEntryId=584951
  26. If the above responses do not clarify your situation, could you please give more details such as: 1. Is there a contract between two or more parties? Who are they, a contractor and the government, or ??? 2. What type contract is it i.e., fixed price, cost type, etc? 3. Who initially provided the materials? 4. What is the description of the material? 5. What does "reuse" mean? Does it mean it is used material now or still the same new material that was initially provided? 6. Why is it "leftover?" 7. Who are the contract parties involved with the new constructi
  27. Some agencies appear to have their own detailed processes for ratification. For example, DOD administrative instruction states as follows: If the ratification is not approved by the Director, prepare a statement describing the appropriate disposition action (e.g., referring action for disposition to the Government Accountability Office for resolution under its claim procedures or as authorized by Subpart 50.1 of the FAR), I did see other agency policies that indicate the personal liability should be paid to the government. Another one stated that it is up to the contractor. Th
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