Retreadfed

I have searched the GAO website using "Agiliti," "ventilators" and "Vyaire" but have not found a recent decision mentioning any. Maybe someone else may have better success.

The broader question is what authority does DCAA have to do floorchecks at all?

Thanks. I got it to open. Interesting, this classifies certain brands of toilet paper as a commercial item. However, Charmin was not one of the brands listed. I guess Mr. Whipple's admonition not to squeeze the Charmin scared DCMA off.

Don, is it available for public release? If so, where can we find a copy?

What is the basis for this claim by DFAS? The Allowable Cost and Payment clause, FAR 52.216-7 states that "Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts" are costs that are reimbursable consistent with what H2H said.

Just to be clear, the vendor is a contractor, correct? If so, what type of contract are you talking about, cost reimbursement, T&M, FPI, etc.?

Joel, you still have not identified anything that prohibits a prime contractor from splitting a requirement. You keep saying what the contractor "shouldn't" do but have not identified anything that it cannot do. As for agencies issuing RFPs for contract modifications, in my experience, that would be an unusual procedure. The Corpse of Engineers may be an outlier.

You keep coming back to a mod. I do not read the original post as referring to a mod since it uses the term RFP. However, even if we are talking about a mod, the requirement for submission of certified cost or pricing data in regard to a mod is stated in FAR 52.215-21. Again, I can find no prohibition against a contractor breaking up or splitting a requirement to a subcontractor in that clause.

This goes back to the original question - other than your outrage, what tells a contractor that it cannot do this? I'm not arguing what should be, but what is. I cannot find any such prohibition in FAR 52.215-20, or Table 15-2.

I think FAR 47.403-1(a) is poorly drafted. Agencies contract to fulfill their mission. Thus, to my mind, paragraph (a) is talking about fulfillment of the purpose of the contract.

Notice that this paragraph references paragraph (a)(1). Paragraph (a)(1) begins by stating "In those acquisitions that do not require certified cost or pricing data, the contracting officer shall." However, it appears that in Kelly's case, that cost or pricing data are required at the prime level. Therefore, I do not see that (a)(4) is applicable.

Why bring this up? The OP indicated a new contract was being issued. I do not see any reference to a modification to an existing contract.

If the criteria for such use are met. FAR 15.408 says "Replace the basic clause with its Alternate IV if certified cost or pricing data are not expected to be required because an exception may apply, but data other than certified cost or pricing data will be required ." Even if Alt IV is used, the contracting officer would have to specifically state that the contractor is required to get similar data from subcontractors. My point is there is no standard FAR provision or clause that specifically requires contractors to get other than certified cost or pricing data from subcontractors.

The government is not entitled to a price adjustment if data other than certified cost or pricing data is defective. Such an adjustment is permitted only if certified cost or pricing data are defective. The requirement for submission of certified cost or pricing data for a new contract is found in the solicitation provision FAR 52.215-20. That provision states that if an exception to the submission of certified cost or pricing data does not apply, "The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, " Table 14-2 directs offerors to "Submit the subcontractor certified cost or pricing data and data other than certified cost or pricing data as part of your own certified cost or pricing data as required in paragraph IIA(2) of this table." It goes on to state "You must also submit any data other than certified cost or pricing data obtained from a subcontractor, either actually or by specific identification, along with the results of any analysis performed on that data." These are the only references to submission of data other than certified cost or pricing data in 15-2. Nothing in 15-2 or 52.215-20 requires a prime contractor to obtain other than certified cost or pricing data from subcontractors.

I don't think so. Responsibility determinations are made on a contract by contract basis. You have repeated instances of performance deficiencies in regard to specific contracts issued by an agency. While the contractor may have been able to perform similar contracts for other components, that does not mean that they can pass muster in regard to FAR 9.104-1 (b) - (e) in regard to the instant contract.