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About Old-Dog

  • Birthday 04/22/1951

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  1. I believe you can find your answer at www.cendi.gov/publications/04-8copyright.html#toc40
  2. Does being small business in a hubzone qualify for DOE's Mentor/Protege program? The company in question is not a 8a, women owned, small disadvantaged business?
  3. I have a client that has a subcontract which includes the following: The SUBCONTRACTOR is hereby notified that effective on October 15, 2014, the SUBCONTRACTOR is awarded a Fixed Price Subcontract (subject to the adjustment provisions of sections 4.2 Contract Definitization and 4.3 Cost Adjustments below) for the delivery/performance of the item(s) above in accordance with all the requirements and conditions set forth or by reference attached herein. 4.2 Contract Definitization This Subcontract is awarded to allow work to proceed expeditiously. However, both parties agree to diligently strive to complete contract negotiations and to definitize the subcontract as soon as possible. This Subcontract is expected to be definitized by December 1, 2014, but in no case shall the time period exceed 180 days from the effective date of this Subcontract or when 40% of the work is completed, whichever is earlier. 4.3 Cost Adjustments The costs, including direct and indirect rates and fixed fee, of this Subcontract are subject to adjustment based on the resolution of recommendations contained in any report of BUYER’S Audit in accordance with cost principles contained in the Department of Energy Acquisition Regulations (DEAR) and the Federal Acquisition Regulations (FAR). The SUBCONTRACTOR also agrees to negotiate in good faith to resolve any issues resulting from the audit of its accounting system. Although the PO states that it is a fixed price contract for a little over $500,000 it looks like a letter contract to me. I would appreciate your opinions.
  4. Be careful. Sometimes things can be difficult. For example, I know of a prime contractor that settled with their subcontractor. The subcontractor went out of business after settlement and time records were destroyed. Now the government wants the time-cards to support the allowability of the of the Prime's cost.
  5. I have a fixed price unit rate contract with some optional pricing. There are several open change notices that need to be negotiated; in addition the subcontract was terminated for convenience. In addition to the open changes we also have a termination proposal. What takes precedence, the optional pricing or the requirement for cost or pricing data? Thanks, George
  6. A senior program manager was in a heated discussion about use of funds. I still remember he defended his position stating:"sure it is illegal, but it is the right thing to do".
  7. Thanks, I thought I knew answer and you folks have confirmed it.
  8. If a subcontract is terminated and it has open changes, are the changes included in the termination or should they continue to be treated as stand alone changes?
  9. I am searching for examples of or information where "Market Price" was used for nontraditional acquisitions. Thanks, George
  10. I have performed audits of subcontractor proposals for prime contractors and have always been paid by prime contractors with cost type contracts.
  11. The subcontract is for professional services.The subcontractor has been performing the same services for approximately 7 years. The prime is satisfied with their work and the work had been reviewed annually by the government without any issues. The subcontractor is not suspended or debarred. I'm not sure but I think this is result of personality conflicts between the government manager and the subcontractor's management.
  12. Can a CO require a Prime not to purchase services from a specific subcontractor?
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