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contractor100

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About contractor100

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  • Birthday 01/19/1910

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  1. The GSA contract incorporates a WD and includes the clauses. The task order doesn't, though.
  2. Is this true? On a GSA schedule, Contractor has identified an LCAT as covered by SCA LCAT at the contract level. Call the LCAT “Clerk 2.” Contractor gets a task order on the GSA schedule. There is no wage determination attached to the task order, and the task order does not in any way indicate it is covered by SCA. Contractor proposes and invoices a staff member as Clerk 2 on the task order. Contractor does not have to pay that person the SCA wage and benefits, as the SCA determination applies only at the task order level.
  3. A commercial plan would definitely include the small business SINs and every other contract as well. What this contractor wants to do is exclude every contract for which it is technically large from the base for the subcontracting goals. That requires an individual plan. Yes, the CO has a lot of discretion in establishing the base and the goals. The question is, if the contractor says it will subcontract "x" percent of its total revenues, what is it legally obligated to report as total revenues in eSRS. Or, if contractor says it will provide "x" percent of subcontracted dollars to small businesses, what is it obligated to report as subcontracted dollars, dollars subcontracted on large business SINs, or all dollars subcontracted on the GSA schedule?
  4. yes, 52.219-9 is included in the GSA schedule contract. On a GSA contract, a contractor may be both small and large, depending on the NAICS for the SINs. A contractor is large or small at the contract level depending on the SIN assigned on award. If a contractor has sales in a large SIN, they will be assigned large at the contract level. Issues: a. they have to state a goal for percentage of total revenue they will subcontract. are they measured on that goal? if so, is it the percentage of all contract revenue or only revenue in SINs where they are large? Regs seem to say contractor must compute goal as a percentage of all dollars, see below, but it is an unusual situation, where the contractor is both small and large and leads to the illogical result that contractor is arguably required to subcontract on contract where contractor is small: (d) The Offeror’s subcontracting plan shall include the following: (1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
  5. I cannot find a good source answering the following questions, so would be grateful for anyone's experience? Contractor is filing a subcontracting plan for a application for a GSA schedule. Contractor is going to be large at the contract level, because contractor is large for the preponderant SIN. Contractor will be under the size standard for other SINs. Contractor is required to state a. a percentage of total dollars to be subcontracted b. a percentage of subcontracted dollars to go to small, etc. at the contract level. 1. What should contractor use as the base for estimating total dollars on the subcontract: estimated dollars for all contracts or estimated dollars for SINs for which contractor will be large? 2. I believe contractor will have to report dollars subcontracted at the order level, per SBA changes post November 2017 - if eSRS is fixed so that's possible. Anyone know? 3. Will contractor's achievement of subcontracting goals be measured by percentage subcontracted overall or just by percentage of subcontracted dollars to small, etc, as was the case before November 2-17? 4 The new rule seems to allow COs to establish percentage goals (but not new subcontracting plans) on GSA orders, is that right? Are those for percentage subcontracted of total, or for percentage of subcontracted dollars? Will contractor be liable on its GSA contract for failure to meet the goals on an order, as the goals are not part of a subcontracting plan
  6. An RFI stipulates that the RFP will be released as a GSA BPA. A company, while otherwise eligible, cannot accept BPA contracts as its schedule is almost run out. Company is applying for a new schedule and expects to receive it, but cannot guarantee that the new schedule will be awarded by the estimated date the proposal will be due. 1 Should company respond? 2 Will the CO take the company's eligibility and interest in the work into account when deciding whether to set the contract aside? Thanks for your thoughts
  7. Well some competition is required, see 8.405. There are for sure some loopholes connected with setasides though. As was previous discussed in this forum: Large business files subcontract plan agreeing to subcontract x percentage to small company. Large business subcontract x to small business y. Y subcontracts 100 percent to a large business. As far as i know, this is still okay?
  8. Retread, you are right, it is not awarded to the CTA. There are technically three contracts, one each awarded to A, B, and C ( I believe for the full contract value for each). But the CTA members don't have to meet the limitations clause on their own individual contracts. GSA says the 50 percent can be allocated across the total contract value, as the CTA members please: 16) How does the “Limitations on Subcontracting” (FAR 52.219-14) rule work under a Multiple Award Schedules (MAS) Contractor Team Arrangement (CTA)? For example, does the Team Leader have to perform at least 50 percent (50%) of the work or is the 50 percent (50%) requirement aggregated across all team members? Under an MAS CTA the Team must perform fifty percent (50%) of the value of the work in the aggregate. For example, on a team consisting of three contractors, the Team Leader could perform thirty percent (30%) of the work and each Team Member could perform ten percent (10%) of the work to meet the fifty percent (50%) requirement. The remaining fifty percent (50%) of the work may be performed by subcontractors working under any of the team members Schedule contracts. Socioeconomic restrictions do not apply to subcontractors; i.e., they may be large business. https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedules/small-business-utilization H2H, I agree, it's perverse, isn't it!! I don't think what D is billing C is relevant, though - D doesn't even have to have a schedule contracts or rates. There certainly are a lot of ways for large businesses to benefit from setasides, aren't there. Happy New Year to all!
  9. sorry, out of town. It is awarded to the CTA. The limitation on subcontracting clause is the one that's currently included in the GSA schedules, which at present is: 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) As far as I know, the FAR has not yet been modded for the new SBA limitations rule, correct? See case 2016-011 https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf
  10. I am pretty sure I know the answer to this. The minimum performance on a setaside contract that's awarded to the members of a CTA can be satisfied by work from any of the CTA members, in any combination, right? So there are three CTA members. Small setaside. A (small)- does 25 percent of the work, billing its rates and ODCs B (small) - does 25 percent of the work, billing its rates and ODCs C (small) - subcontracts 50 percent of the work to a large company, which does the work, billing C's rates and ODCs This is okay, right?
  11. Except, not for GSA BPAs, which are in question? 2) With respect to “Agreements” including Blanket Purchase Agreements (BPAs) (except for BPAs issued against a GSA Schedule Contract), Basic Agreements, Basic Ordering Agreements, or any other Agreement that a contracting officer sets aside or reserves awards to any type of small business, a concern must qualify as small at the time of its initial offer (or other formal response to a solicitation), which includes price, for the Agreement. Because an Agreement is not a contract, the concern must also qualify as small for each order issued pursuant to the Agreement in order to be considered small for the order and for an agency to receive small business goaling credit for the order.
  12. I didn't say I had or was planning to do this. But there is a lot of gamemanship in federal contracts, we all know that, right? it's such an obvious strategy, I would think there would be specific rules against it and hoped someone could point me to them. Or does everything at GSA just come down to who you know... https://www.gsaig.gov/sites/default/files/audit-reports/A170118_1.pdf
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