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  3. It appears to be an extension of the existing level of effort for three more months. Just “fill ‘em and “bill ‘em”. Better yet - ASK them for clarification or confirmation of your understanding. Surely you have a relationship and communications with your government customer don’t you?
  4. No. It means that the government is extending the task order requirement for an additional three month period for the existing services to be paid for at the current “rates” for the existing services.
  5. The DCMA CIG Handbook does cite "uses same production line as commercial items" as support for an assertion of commerciality, but it is not an acceptable basis in and of itself for claiming commerciality. Your first big hurdle is to be able to draw a connection between the item and a commercial market for this or similar items. If you can't do this, the likelihood of withstanding scrutiny of "the customarily used by non-government..." part of the definition is extremely low and it's likely to be rejected as invalid. The supplier should walk through each phrase of the definition they're
  6. FAR 52.217-8 states, in part, that "The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months." Scenario: FFP IDIQ contract that includes FAR 52.217-8. The contract includes various labor categories and rates. The contractor submits a proposal for a task order which consists o
  7. This should be of help to you https://www.crowell.com/files/11012015-Government-Data-Rights-Challenges-Tips-on-How-to-Avoid-and-Respond-Baker-Haque-McCarthy-Raddock.pdf
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  9. If you (or your suppliers through you as prime) will not be required to deliver technical data or computer software/documentation per the contemplated contract, DFARS 252.227-7017 is not relevant to you and you may insert "none." This area is highly complicated and you may wish to engage a recognized expert to help you. The clause affords you and your suppliers the right to claim that certain aspects of the technical data or computer software/documentation required to be delivered by the contract, were developed at private expense (not with government contract money). Therefore, you may asser
  10. Why not? If successful, you may be able to recover your proposal prep costs.
  11. Have you read DFARS 252.227-7017? Go ahead and do it now -- I'll wait... Welcome back! You saw that the clause has spaces where the offeror provides information -- those are called fill-ins. You should provide the information as you want it to appear in the future contract.
  12. We're working on a proposal and the RFP states one of the "volume's shall include information for insertion into DFARS 252.227-7017 at time of award, or if "none", so state." Not sure what this means. Can someone provide guidance? Thank you!
  13. Can a supplier assert/claim commerciality on a deliverable item (for US Gov't military use) based upon the build process being commercially available in the marketplace?
  14. Notice to unsuccessful offerors is not required for all procurements. Similarly, post-award synopsis is not required for all procurements. I wonder if you are not getting notice because (1) notice is not required; or (2) your contracting officers do not understand the rules. Maybe your small business office can help you discern which it is?
  15. OHA recently confirmed it lacked jurisdiction over a CVE appeal mistakenly filed with CVE, not OHA, by the deadline. You might be thinking: “Oh come on, the CVE appeal was filed with CVE on time!” But OHA’s strict timeliness rules make no exception for any such mistakes in the CVE appeal process. In fact, OHA disclaims the authority to even consider a late appeal, regardless of whether or not it was timely (but improperly) filed with CVE itself. Taylor Made Sols., LLC, SBA No. CVE-172, 2020 (Nov. 20, 2020), all began with the VA Center for Verification and Evaluation’s (CVE) cancellat
  16. Anyone have any experience with contracting officers not providing notice of award or posting award in SAM? I have had this happen twice within the same agency. It seems like a methodology to avoid protests. It's unacceptable that they don’t provide notice. I finally received confirmation through the small business office on one of the contracts that award was made. Filing a protest at this point after six months would not be helpful. Is there a way to ensure this does not happen repeatedly in the future? Any ideas to add some teeth to this? The “oh well” answer seems to be terrible fo
  17. With COVID-19 cases on the rise, all of us are doing our best to stay safe and healthy. But for federal contractors, the COVID spike also brings increased risks of delays and other problems under active government contracts. On Thursday, December 3, please join me for “COVID-19: Best Practices for Government Contractors,” a virtual session hosted by the UTSA SBDC Center for Government Contracting/COVID Business Recovery Accelerator. I’ll provide you with a step-by-step proactive approach for handling the potential for COVID-related interruptions and delays to your contracts–and help you
  18. Also see 5 CFR § 2635.702, which states in part: The government can recognize a contractor through a formal past performance evaluation and it is up to the contractor to recognize its own employees.
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  20. In some circles, the VA CVE application process for SDVOSB/VOSB certification has a reputation as being very cumbersome and time-consuming. But while applying for verification isn’t exactly fun, it doesn’t take an extraordinarily long time for most new applicants to be verified. In fact, according to the VA’s Office of Small and Disadvantaged Business Utilization, the average processing time is a mere 34 days. In its Fall 2020 newsletter, the VA OSDBU writes that it has processed nearly 15,000 CVE verification applications for SDVOSBs and VOSBs. “The average processing time is 34 days
  21. Don’t know. It depends upon the terms of your contract with the prime and your contract with the employment agency.
  22. If for example I am in connection with a prime contractor who has already been awareded a contract, the standby team will have to be familiar with the responsibilities required by the prime contractor through an agreement which will document the responsibilities for both the sub and the prime contractor. It is for that reaosn I asked, will I need to pay my staffing firm in advance for the time it has taken them to familiarise themselves with the contract requirements and at the same time potentially have a conference between the 2 teams.
  23. My answer to you would be that you will have to obtain financing if necessary to pay your workers then get reimbursed by your prime, unless the prime is willing to provide this financing for you.
  24. It appears to me that you are going to subcontract all of your labor for your potential subcontract. Even if you aren’t, a company is expected to pay its employees even if it is waiting reimbursement from a higher tiered Contractor. If this is a federal construction contract, the Miller Act and other labor laws apply to all prime and subcontract labor and the prime and subs must submit payroll information for hourly paid workers. The government doesn’t make progress payments for advanced labor costs on fixed price construction contracts. For cost reimbursable construction contracts, which
  25. GovBiz, We don’t have enough information about either the prime contract or the subcontract to be able to answer your questions. Are they fixed price or cost reimbursement? Are they for construction or supplies or services? What is the purpose of your sub contract? Is the prime contract with a federal government agency?
  26. Why would it be mandatory to pay in advance of winning a subcontract? To me it doesn’t make any sense and would likely be an unnecessary and unreasonable cost if you are seeking reimbursement from the government through the prime contractor for a cost reimbursement subcontract. What is the purpose of the prime contract and also the subcontract? Are the prime and subcontracts cost reimbursable type? EDIT: What is the purpose for “standby” of personnel prior to winning a subcontract? In another thread and here, I think you are alluding that there will be standby costs after you win the s
  27. Hello, I have been thinking of variants on how to hire my standby team. Is it mandatory to pay in advance the standby team hired by the staffing agency or will the payments start after winning the contract between me and the prime contractor? Looking forward to your assistance, thank you.
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